SIXTY THIRD LEGISLATURE - REGULAR SESSION
FIFTIETH DAY
House Chamber, Olympia, Monday, March 3, 2014
The House was called to order at 10:00 a.m. by the Speaker (Representative Moeller presiding). The Clerk called the roll and a quorum was present.
The flags were escorted to the rostrum by a Sergeant at Arms Color Guard, Pages Keagan Shoop and Katelynn Towry. The Speaker (Representative Moeller presiding) led the Chamber in the Pledge of Allegiance. The prayer was offered by Norma Hissong, The Baha'i Spiritual Assembly, Olympia, Washington.
Reading of the Journal of the previous day was dispensed with and it was ordered to stand approved.
The Speaker (Representative Moeller presiding) called upon Representative Orwall to preside.
There being no objection, the House advanced to the fourth order of business.
INTRODUCTION & FIRST READING
HB 2799 by Representative Carlyle
AN ACT Relating to the creation, extension, expansion, accountability, and transparency of state tax preferences; and creating a new section.
Referred to Committee on Finance.
HB 2800 by Representative Sullivan
AN ACT Relating to specifying that student growth data elements used in educator evaluations include results from federally mandated statewide student assessments beginning in the 2017-18 school year, contingent on federal approval of a waiver of the elementary and secondary education act for Washington state; amending RCW 28A.405.100; and providing a contingent effective date.
Referred to Committee on Appropriations.
HCR 4416 by Representatives Haler, Pollet, Zeiger, Seaquist and Gregerson
Approving specific statewide educational attainment goals.
There being no objection, the bills listed on the day’s introduction sheet under the fourth order of business were referred to the committees so designated, with the exception of HOUSE CONCURRENT RESOLUTION NO. 4416 which was placed on the second reading calendar.
There being no objection, the House advanced to the eighth order of business.
There being no objection, the Committee on Rules was relieved of the following bill and the bill was placed on the second reading calendar:
HOUSE BILL NO. 2409
There being no objection, the House reverted to the fifth order of business.
REPORTS OF STANDING COMMITTEES
March 1, 2014
HB 2207 Prime Sponsor, Representative Haigh: Eliminating the reduction in state basic education funding that occurs in counties with federal forest lands. Reported by Committee on Appropriations
MAJORITY recommendation: The second substitute bill be substituted therefor and the second substitute bill do pass and do not pass the substitute bill by Committee on Appropriations Subcommittee on Education. Signed by Representatives Hunter, Chair; Ormsby, Vice Chair; Carlyle; Cody; Dunshee; Fagan; Green; Haigh; Hudgins; Hunt, S.; Jinkins; Kagi; Lytton; Morrell; Pettigrew; Seaquist; Springer; Sullivan and Tharinger.
MINORITY recommendation: Do not pass. Signed by Representatives Chandler, Ranking Minority Member; Ross, Assistant Ranking Minority Member; Wilcox, Assistant Ranking Minority Member; Buys; Christian; Dahlquist; Haler; Harris; Hunt, G.; Parker; Schmick and Taylor.
Referred to Committee on .
February 28, 2014
HB 2762 Prime Sponsor, Representative Clibborn: Making 2013-2015 supplemental transportation appropriations. Reported by Committee on Transportation
MAJORITY recommendation: The substitute bill be substituted therefor and the substitute bill do pass. Signed by Representatives Clibborn, Chair; Farrell, Vice Chair; Fey, Vice Chair; Moscoso, Vice Chair; Hargrove, Assistant Ranking Minority Member; Bergquist; Fitzgibbon; Freeman; Habib; Johnson; Kochmar; Moeller; Morris; Muri; Ortiz-Self; Riccelli; Rodne; Ryu; Sells; Takko; Tarleton; Walkinshaw and Zeiger.
MINORITY recommendation: Do not pass. Signed by Representatives Orcutt, Ranking Minority Member; Overstreet, Assistant Ranking Minority Member; Hawkins; Hayes; Klippert; Pike; Shea and Young.
Referred to Committee on .
February 27, 2014
HB 2790 Prime Sponsor, Representative Hunter: Adjusting timelines relating to the hospital safety net assessment. Reported by Committee on Appropriations
MAJORITY recommendation: Do pass. Signed by Representatives Hunter, Chair; Ormsby, Vice Chair; Chandler, Ranking Minority Member; Ross, Assistant Ranking Minority Member; Wilcox, Assistant Ranking Minority Member; Carlyle; Christian; Cody; Dahlquist; Dunshee; Fagan; Green; Haigh; Harris; Hudgins; Hunt, G.; Jinkins; Kagi; Lytton; Morrell; Parker; Pettigrew; Schmick; Seaquist; Springer; Sullivan and Tharinger.
MINORITY recommendation: Do not pass. Signed by Representatives Buys; Haler and Taylor.
Referred to Committee on .
February 27, 2014
ESSB 5045 Prime Sponsor, Committee on Commerce & Labor: Allowing day spas to offer or supply without charge wine or beer by the individual glass to a customer for consumption on the premises. (REVISED FOR ENGROSSED: Creating a permit to allow day spas to offer or supply without charge wine or beer by the individual glass to a customer for consumption on the premises. ) Reported by Committee on Appropriations Subcommittee on General Government & Information Technology
MAJORITY recommendation: Do pass as amended.
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. A new section is added to chapter 66.20 RCW to read as follows:
(1) There shall be a permit known as a day spa permit to allow the holder to offer or supply without charge, wine or beer by the individual glass to a customer for consumption on the premises. The customer must be at least twenty-one years of age and may only be offered wine or beer if the services he or she will be receiving will last more than one hour. Wine or beer served or consumed shall be purchased from a Washington state licensed retailer. A customer may consume no more than one six ounce glass of wine or one twelve ounce glass of beer per day under this permit. Day spas with a day spa permit may not advertise the service of complimentary wine or beer and may not sell wine or beer in any manner. Any employee involved in the service of wine or beer must complete a board-approved limited alcohol server training program.
(2) For the purposes of this section, "day spa" means a business that offers at least three of the following four service categories:
(a) Hair care;
(b) Skin care;
(c) Nail care; and
(d) Body care, such as massages, wraps, and waxing.
Day spas must provide separate service areas of the day spa for at least three of the service categories offered.
(3) The annual fee for this permit is one hundred twenty-five dollars.
NEW SECTION. Sec. 2. If specific funding for the purposes of this act, referencing this act by bill or chapter number, is not provided by June 30, 2014, in the omnibus appropriations act, this act is null and void."
Correct the title.
Signed by Representatives Hudgins, Chair; Parker, Ranking Minority Member; Buys; Dunshee; Hunt, S.; Springer and Taylor.
MINORITY recommendation: Do not pass. Signed by Representatives Christian and Jinkins.
Passed to Committee on Rules for second reading.
February 27, 2014
SSB 5467 Prime Sponsor, Committee on Transportation: Concerning vehicle owner list furnishment requirements. Reported by Committee on Transportation
MAJORITY recommendation: Do pass as amended.
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 46.12.630 and 2013 c 306 s 702 are each amended to read as follows:
((In addition to any other authority which it may have,)) (1) The department of licensing ((may)) must furnish lists of registered and legal owners of motor vehicles only for the purposes specified in this ((section)) subsection to((:
(1)(a))) the manufacturers of motor vehicles or motor vehicle components, or their authorized agents, to ((be used:
(i) To)) enable those manufacturers to carry out the provisions of ((the national traffic and motor vehicle safety act of 1966 (15 U.S.C. Sec. 1382-1418), including amendments or additions thereto, respecting safety-related defects in motor vehicles; or
(ii) During the 2011-2013 fiscal biennium, in research activities, and in producing statistical reports, as long as the personal information is not published, redisclosed, or used to contact individuals; or
(b) During fiscal year 2014, an entity that is an authorized agent of a motor vehicle manufacturer,)) Titles I and IV of the anti car theft act of 1992, the automobile information disclosure act (15 U.S.C. Sec. 1231 et seq.), the clean air act (42 U.S.C. Sec. 7401 et seq.), and 49 U.S.C.S. Secs. 30101-30183, 30501-30505, and 32101-33118, as these acts existed on January 1, 2014, or such subsequent date as may be provided by the department by rule, consistent with the purposes of this section. However, the department may only provide a manufacturer, or its authorized agent, lists of registered or legal owners who purchased or leased a vehicle manufactured by that manufacturer. Data providers or authorized agents receiving information on behalf of one manufacturer must not disclose this information to any other third party.
(2) The department of licensing may furnish lists of registered and legal owners of motor vehicles, only to the entities and only for the purposes specified in this section, to:
(a) The manufacturers of motor vehicles, legitimate businesses as defined by the department in rule, or their authorized agents, for purposes of using lists of registered and legal owner information to conduct research activities and produce statistical reports, as long as the entity does not allow personal information received under this section to be published, redisclosed, or used to contact individuals((. The department must charge an amount sufficient to cover the full cost of providing the data requested under this subsection (1)(b). Full cost of providing the data includes the information technology, administrative, and contract oversight costs));
(((2))) (b) Any governmental agency of the United States or Canada, or political subdivisions thereof, to be used by it or by its authorized commercial agents or contractors only in connection with the enforcement of motor vehicle or traffic laws by, or programs related to traffic safety of, that government agency. Only such parts of the list as are required for completion of the work required of the agent or contractor shall be provided to such agent or contractor;
(((3))) (c) Any insurer or insurance support organization, a self-insured entity, or its agents, employees, or contractors for use in connection with claims investigation activities, antifraud activities, rating, or underwriting;
(d) Any local governmental entity or its agents for use in providing notice to owners of towed and impounded vehicles;
(e) A government agency, commercial parking company, or its agents requiring the names and addresses of registered owners to notify them of outstanding parking violations. Subject to the disclosure agreement provisions of RCW 46.12.635 and the requirements of Executive Order 97-01, the department may provide only the parts of the list that are required for completion of the work required of the company;
(((4))) (f) An authorized agent or contractor of the department, to be used only in connection with providing motor vehicle excise tax, licensing, title, and registration information to motor vehicle dealers;
(((5))) (g) Any business regularly making loans to other persons to finance the purchase of motor vehicles, to be used to assist the person requesting the list to determine ownership of specific vehicles for the purpose of determining whether or not to provide such financing; or
(((6))) (h) A company or its agents operating a toll facility under chapter 47.46 RCW or other applicable authority requiring the names, addresses, and vehicle information of motor vehicle registered owners to identify toll violators.
(3) Personal information received by an entity listed in subsection (1) or (2) of this section may not be released for direct marketing purposes.
(4) Prior to the release of any lists of vehicle owners under subsection (1) or (2) of this section, the department must enter into a contract with the entity authorized to receive the data. The contract must include:
(a) A requirement that the department or its agent conduct both regular permissible use and data security audits subject to the following conditions and limitations:
(i) The data security audits must demonstrate compliance with the data security standards adopted by the office of the chief information officer.
(ii) When determining whether to conduct an audit under this subsection, the department must first take into consideration any independent third-party audit a data recipient has had before requiring that any additional audits be performed. If the independent third-party audit is a data security audit and it meets both recognized national or international standards and the standards adopted by the office of the chief information officer pursuant to (a)(i) of this subsection, the department must accept the audit and the audit is deemed to satisfy the conditions set out in this subsection (4)(a). If the independent third-party audit is a permissible use audit and it meets recognized national or international standards, the department must accept the audit and the audit is deemed to satisfy the conditions set out in this subsection (4)(a); and
(b) A provision that the cost of the audits performed pursuant to this subsection must be borne by the data recipient. A new data recipient must bear the initial cost to set up a system to disburse the data to the data recipient.
(5)(a) Beginning January 1, 2015, the department must collect a fee of ten dollars per one thousand individual registered or legal owners included on a list requested by a private entity under subsection (1) or (2) of this section. Beginning January 1, 2016, the department must collect a fee of twenty dollars per one thousand individual registered or legal vehicle owners included on a list requested by a private entity under subsection (1) or (2) of this section. Beginning January 1, 2020, the department must collect a fee of twenty-five dollars per one thousand individual registered or legal owners included on a list requested by a private entity under subsection (1) or (2) of this section. The department must prorate the fee when the request is for less than a full one thousand records.
(b) In lieu of the fee specified in (a) of this subsection, if the request requires a daily, weekly, monthly, or other regular update of those vehicle records that have changed, the department must collect a fee of two cents per individual registered or legal vehicle owner record provided to the private entity. Beginning January 1, 2020, the department must collect a fee of two and one-half cents per individual registered or legal vehicle owner record provided to the private entity.
(c) The department must deposit any moneys collected under this subsection to the department of licensing technology improvement and data management account created in section 2 of this act.
(6) Where both a mailing address and residence address are recorded on the vehicle record and are different, only the mailing address will be disclosed. Both addresses will be disclosed in response to requests for disclosure from courts, law enforcement agencies, or government entities with enforcement, investigative, or taxing authority and only for use in the normal course of conducting their business.
(7) If a list of registered and legal owners of motor vehicles is used for any purpose other than that authorized in this section, the manufacturer, governmental agency, commercial parking company, ((authorized agent,)) contractor, financial institution, insurer, insurance support organization, self-insured entity, legitimate business entity, toll facility operator, or ((their)) any authorized agent((s)) or contractor((s)) responsible for the unauthorized disclosure or use will be denied further access to such information by the department of licensing.
(8) For purposes of this section, "personal information" means information that identifies an individual, including an individual's photograph, social security number, driver identification number, name, address (but not the five-digit zip code), telephone number, or medical or disability information. However, an individual's photograph, social security number, and any medical or disability-related information is considered highly restricted personal information and may only be released under the circumstances described in subsections (1) and (2)(b) and (c) of this section.
NEW SECTION. Sec. 2. A new section is added to chapter 46.68 RCW to read as follows:
The department of licensing technology improvement and data management account is created in the highway safety fund. All receipts from fees collected under RCW 46.12.630(5) must be deposited into the account. Expenditures from the account may be used only for investments in technology and data management at the department. Moneys in the account may be spent only after appropriation."
Correct the title.
Signed by Representatives Clibborn, Chair; Farrell, Vice Chair; Fey, Vice Chair; Moscoso, Vice Chair; Orcutt, Ranking Minority Member; Bergquist; Fitzgibbon; Freeman; Habib; Johnson; Moeller; Morris; Muri; Ortiz-Self; Riccelli; Ryu; Sells; Takko; Tarleton; Walkinshaw and Zeiger.
MINORITY recommendation: Do not pass. Signed by Representatives Hargrove, Assistant Ranking Minority Member; Overstreet, Assistant Ranking Minority Member; Hawkins; Hayes; Klippert; Kochmar; Pike; Rodne; Shea and Young.
Referred to Committee on .
February 27, 2014
SSB 5975 Prime Sponsor, Committee on Governmental Operations: Concerning the veterans innovations program. Reported by Committee on Appropriations Subcommittee on Health & Human Services
MAJORITY recommendation: Do pass. Signed by Representatives Morrell, Chair; Harris, Ranking Minority Member; Green; Hunt, G.; Kagi; Ormsby; Ross; Schmick and Tharinger.
Passed to Committee on Rules for second reading.
February 28, 2014
SB 6180 Prime Sponsor, Senator Braun: Consolidating designated forest lands and open space timber lands for ease of administration. Reported by Committee on Finance
MAJORITY recommendation: Do pass. Signed by Representatives Carlyle, Chair; Tharinger, Vice Chair; Nealey, Ranking Minority Member; Orcutt, Assistant Ranking Minority Member; Condotta; Fitzgibbon; Hansen; Lytton; Pollet; Reykdal; Springer; Vick and Wilcox.
Passed to Committee on Rules for second reading.
There being no objection, the bills listed on the day’s committee reports under the fifth order of business were referred to the committees so designated with the exception of HOUSE BILL NO. 2207, HOUSE BILL NO. 2762, HOUSE BILL NO. 2790, SUBSTITUTE SENATE BILL NO. 5467 which were placed on the second reading calendar.
There being no objection, the House advanced to the sixth order of business.
SECOND READING
SUBSTITUTE HOUSE BILL NO. 1574, by House Committee on Early Learning & Human Services (originally sponsored by Representatives Kagi, Ryu and Pollet)
Establishing a fee for certification for the residential services and supports program to cover investigative costs.
The bill was read the second time.
There being no objection, Second Substitute House Bill No. 1574 was substituted for Substitute House Bill No. 1574 and the second substitute bill was placed on the second reading calendar.
SECOND SUBSTITUTE HOUSE BILL NO. 1574 was read the second time.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representatives Morrell and Walsh spoke in favor of the passage of the bill.
MOTION
On motion of Representative Van De Wege, Representative Hurst was excused.
The Speaker (Representative Moeller presiding) stated the question before the House to be the final passage of Second Substitute House Bill No. 1574.
ROLL CALL
The Clerk called the roll on the final passage of Second Substitute House Bill No. 1574, and the bill passed the House by the following vote: Yeas, 66; Nays, 31; Absent, 0; Excused, 1.
Voting yea: Representatives Appleton, Bergquist, Blake, Carlyle, Clibborn, Cody, Dunshee, Farrell, Fey, Fitzgibbon, Freeman, Goodman, Green, Gregerson, Habib, Haigh, Hansen, Hayes, Hudgins, Hunter, Jinkins, Kagi, Kirby, Kochmar, Kristiansen, Lytton, Magendanz, Manweller, Moeller, Morrell, Morris, Moscoso, Muri, Nealey, Ormsby, Ortiz-Self, Orwall, Pettigrew, Pollet, Reykdal, Riccelli, Roberts, Robinson, Rodne, Ryu, S. Hunt, Santos, Sawyer, Seaquist, Sells, Senn, Smith, Springer, Stanford, Stonier, Sullivan, Takko, Tarleton, Tharinger, Van De Wege, Walkinshaw, Walsh, Warnick, Wylie, Zeiger and Mr. Speaker.
Voting nay: Representatives Buys, Chandler, Christian, Condotta, Dahlquist, DeBolt, Fagan, G. Hunt, Haler, Hargrove, Harris, Hawkins, Holy, Hope, Johnson, Klippert, Kretz, MacEwen, Orcutt, Overstreet, Parker, Pike, Ross, Schmick, Scott, Shea, Short, Taylor, Vick, Wilcox and Young.
Excused: Representative Hurst.
SECOND SUBSTITUTE HOUSE BILL NO. 1574, having received the necessary constitutional majority, was declared passed.
HOUSE BILL NO. 2634, by Representatives Kagi, Tharinger and Freeman
Concerning enforcement standards for residential services and support providers.
The bill was read the second time.
There being no objection, Substitute House Bill No. 2634 was substituted for House Bill No. 2634 and the substitute bill was placed on the second reading calendar.
SUBSTITUTE HOUSE BILL NO. 2634 was read the second time.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representatives Freeman and Walsh spoke in favor of the passage of the bill.
The Speaker (Representative Moeller presiding) stated the question before the House to be the final passage of Substitute House Bill No. 2634.
ROLL CALL
The Clerk called the roll on the final passage of Substitute House Bill No. 2634, and the bill passed the House by the following vote: Yeas, 98; Nays, 0; Absent, 0; Excused, 0.
Voting yea: Representatives Appleton, Bergquist, Blake, Buys, Carlyle, Chandler, Christian, Clibborn, Cody, Condotta, Dahlquist, DeBolt, Dunshee, Fagan, Farrell, Fey, Fitzgibbon, Freeman, G. Hunt, Goodman, Green, Gregerson, Habib, Haigh, Haler, Hansen, Hargrove, Harris, Hawkins, Hayes, Holy, Hope, Hudgins, Hunter, Hurst, Jinkins, Johnson, Kagi, Kirby, Klippert, Kochmar, Kretz, Kristiansen, Lytton, MacEwen, Magendanz, Manweller, Moeller, Morrell, Morris, Moscoso, Muri, Nealey, Orcutt, Ormsby, Ortiz-Self, Orwall, Overstreet, Parker, Pettigrew, Pike, Pollet, Reykdal, Riccelli, Roberts, Robinson, Rodne, Ross, Ryu, S. Hunt, Santos, Sawyer, Schmick, Scott, Seaquist, Sells, Senn, Shea, Short, Smith, Springer, Stanford, Stonier, Sullivan, Takko, Tarleton, Taylor, Tharinger, Van De Wege, Vick, Walkinshaw, Walsh, Warnick, Wilcox, Wylie, Young, Zeiger and Mr. Speaker.
SUBSTITUTE HOUSE BILL NO. 2634, having received the necessary constitutional majority, was declared passed.
The Speaker (Representative Moeller presiding) called upon Representative Orwall to preside.
HOUSE BILL NO. 2748, by Representative Hudgins
Concerning fees assessed by the department of agriculture.
The bill was read the second time.
There being no objection, Substitute House Bill No. 2748 was substituted for House Bill No. 2748 and the substitute bill was placed on the second reading calendar.
SUBSTITUTE HOUSE BILL NO. 2748 was read the second time.
With the consent of the house, amendments (827) and (771) were withdrawn.
Representative Hudgins moved the adoption of amendment (832):
On page
2, beginning on line 4, strike all of subsection (4) and insert the following:
"NEW SECTION. Sec. 2. (1) The legislature finds that
there are department of agriculture fees in addition to those included in this
act that would be worthwhile for the work group to review and encourages the
department of agriculture to continue to convene the work group as often as it
is practical to do so. At a minimum, the department shall convene and
facilitate a sub-work group with appropriate stakeholders to review fee
categories under the food safety program in order to determine which entities
may require additional resources for compliance under the federal food safety
modernization act. The sub-work group shall review those currently
regulated by the state and those that may require department oversight in the
future. The sub-work group shall, consistent with RCW 43.01.036, report back to
the legislature by December 1 each year until 2018.
(2) This section expires on June 30, 2019."
Renumber the remaining sections consecutively and correct any internal references accordingly. Correct the title.
On page 2, beginning on line 20, after "accompanied
by" strike all material through "fee" on line 21 and insert
"((a fifty-five dollar annual license fee)) an annual license
fee. The amount of the annual license fee under this section is one hundred
fifty dollars until June 30, 2016, and two hundred fifty dollars beginning July
1, 2016"
On page 4, beginning on line 19, after "shipment." strike all material through "size." on line 21.
On page 4, at the beginning of line 27, strike all materials through "higher." and insert the following:
"((Milk
processing plants whose monthly assessment for receipt of milk totals less than
twenty dollars in any given month are exempted from paying this assessment for
that month.))
Renumber the remaining sections consecutively and correct any internal references accordingly.
On page 4, beginning on line 32, after "director"
strike all material through "assessments." on line 33 and insert
"((by the twentieth day of the succeeding month for the previous
month's assessments.)) according to the following schedule:
(a) If the monthly amount of the assessment under this section is twenty dollars or more, all moneys collected under this section shall be paid to the director by the twentieth day of the succeeding month for the previous month's assessment.
(b) If the monthly amount of the assessment under this section is less than twenty dollars but the quarterly amount is more than twenty dollars, all moneys collected under this section may, at the discretion of the milk processing plant, be paid to the director by the twentieth day of the first month of the succeeding quarter for the previous quarter's assessments. If the assessment required under this section is not paid by quarter consistent with (b) of this subsection, it shall be paid to the director by the twentieth day of the succeeding month for the previous month's assessment.
(c) If the quarterly amount of the assessment under this section is less than twenty dollars, all money collected under this section may be paid to the director by the twentieth of January of the succeeding year for the previous year's assessment. If the assessment required under this section is not paid by year consistent with (c) of this subsection, it shall be paid to the director by the twentieth day of the succeeding month for the previous month's assessment.
(5)"
Renumber the remaining sections consecutively and correct any internal references accordingly.
Representatives Hudgins and Wilcox spoke in favor of the adoption of the amendment.
Amendment (832) was adopted.
The bill was ordered engrossed.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representatives Hudgins and Wilcox spoke in favor of the passage of the bill.
Representative Buys spoke against the passage of the bill.
The Speaker (Representative Orwall presiding) stated the question before the House to be the final passage of Engrossed Substitute House Bill No. 2748.
ROLL CALL
The Clerk called the roll on the final passage of Engrossed Substitute House Bill No. 2748, and the bill passed the House by the following vote: Yeas, 57; Nays, 41; Absent, 0; Excused, 0.
Voting yea: Representatives Appleton, Bergquist, Blake, Carlyle, Chandler, Clibborn, Cody, Dunshee, Farrell, Fey, Fitzgibbon, Freeman, Goodman, Green, Gregerson, Habib, Haigh, Hansen, Hudgins, Hunter, Hurst, Jinkins, Kagi, Kirby, Lytton, Moeller, Morrell, Morris, Moscoso, Muri, Ormsby, Ortiz-Self, Orwall, Pettigrew, Pollet, Reykdal, Riccelli, Roberts, Robinson, Ryu, S. Hunt, Santos, Sawyer, Seaquist, Sells, Senn, Springer, Stanford, Sullivan, Takko, Tarleton, Tharinger, Van De Wege, Walkinshaw, Wilcox, Wylie and Mr. Speaker.
Voting nay: Representatives Buys, Christian, Condotta, Dahlquist, DeBolt, Fagan, G. Hunt, Haler, Hargrove, Harris, Hawkins, Hayes, Holy, Hope, Johnson, Klippert, Kochmar, Kretz, Kristiansen, MacEwen, Magendanz, Manweller, Nealey, Orcutt, Overstreet, Parker, Pike, Rodne, Ross, Schmick, Scott, Shea, Short, Smith, Stonier, Taylor, Vick, Walsh, Warnick, Young and Zeiger.
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2748, having received the necessary constitutional majority, was declared passed.
HOUSE BILL NO. 2790, by Representatives Hunter, Chandler and Cody
Adjusting timelines relating to the hospital safety net assessment.
The bill was read the second time.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representatives Hunter, Schmick and Johnson spoke in favor of the passage of the bill.
The Speaker (Representative Orwall presiding) stated the question before the House to be the final passage of House Bill No. 2790.
ROLL CALL
The Clerk called the roll on the final passage of House Bill No. 2790, and the bill passed the House by the following vote: Yeas, 75; Nays, 23; Absent, 0; Excused, 0.
Voting yea: Representatives Appleton, Bergquist, Blake, Carlyle, Chandler, Clibborn, Cody, Dahlquist, Dunshee, Fagan, Farrell, Fey, Fitzgibbon, Freeman, Goodman, Green, Gregerson, Habib, Haigh, Hansen, Hawkins, Hope, Hudgins, Hunter, Hurst, Jinkins, Johnson, Kagi, Kirby, Kochmar, Kretz, Kristiansen, Lytton, MacEwen, Magendanz, Manweller, Moeller, Morrell, Morris, Moscoso, Nealey, Ormsby, Ortiz-Self, Orwall, Pettigrew, Pollet, Reykdal, Riccelli, Roberts, Robinson, Rodne, Ryu, S. Hunt, Santos, Sawyer, Schmick, Seaquist, Sells, Senn, Short, Smith, Springer, Stanford, Stonier, Sullivan, Takko, Tarleton, Tharinger, Van De Wege, Walkinshaw, Walsh, Warnick, Wilcox, Wylie and Mr. Speaker.
Voting nay: Representatives Buys, Christian, Condotta, DeBolt, G. Hunt, Haler, Hargrove, Harris, Hayes, Holy, Klippert, Muri, Orcutt, Overstreet, Parker, Pike, Ross, Scott, Shea, Taylor, Vick, Young and Zeiger.
HOUSE BILL NO. 2790, having received the necessary constitutional majority, was declared passed.
The Speaker (Representative Orwall presiding) called upon Representative Moeller to preside.
There being no objection, the House reverted to the fifth order of business.
1st SUPPLEMENTAL REPORTS OF STANDING COMMITTEES
February 28, 2014
HB 2185 Prime Sponsor, Representative Hunter: Making 2014 supplemental operating appropriations. Reported by Committee on Appropriations
MAJORITY recommendation: The substitute bill be substituted therefor and the substitute bill do pass. Signed by Representatives Hunter, Chair; Ormsby, Vice Chair; Carlyle; Cody; Dunshee; Green; Haigh; Hudgins; Hunt, S.; Jinkins; Kagi; Lytton; Morrell; Pettigrew; Springer; Sullivan and Tharinger.
MINORITY recommendation: Do not pass. Signed by Representatives Chandler, Ranking Minority Member; Ross, Assistant Ranking Minority Member; Wilcox, Assistant Ranking Minority Member; Buys; Christian; Dahlquist; Fagan; Haler; Harris; Hunt, G.; Parker; Schmick; Seaquist and Taylor.
Passed to Committee on Rules for second reading.
March 1, 2014
HB 2422 Prime Sponsor, Representative Dunshee: Restoring the suspended inflationary increases in educational employee compensation. Reported by Committee on Appropriations
MAJORITY recommendation: Do pass. Signed by Representatives Hunter, Chair; Ormsby, Vice Chair; Carlyle; Cody; Dunshee; Green; Haigh; Hudgins; Hunt, S.; Jinkins; Kagi; Lytton; Morrell; Parker; Pettigrew; Seaquist; Springer; Sullivan and Tharinger.
MINORITY recommendation: Do not pass. Signed by Representatives Chandler, Ranking Minority Member; Ross, Assistant Ranking Minority Member; Wilcox, Assistant Ranking Minority Member; Buys; Christian; Dahlquist; Fagan; Haler; Harris; Hunt, G.; Schmick and Taylor.
Referred to Committee on .
February 27, 2014
HB 2517 Prime Sponsor, Representative Blake: Concerning wildlife conflict funding to encourage proactive measures. Reported by Committee on Appropriations Subcommittee on General Government & Information Technology
MAJORITY recommendation: The second substitute bill be substituted therefor and the second substitute bill do pass and do not pass the substitute bill by Committee on Agriculture & Natural Resources. Signed by Representatives Hudgins, Chair; Parker, Ranking Minority Member; Buys; Christian; Jinkins; Springer and Taylor.
Passed to Committee on Rules for second reading.
March 1, 2014
HB 2792 Prime Sponsor, Representative Sullivan: Implementing the state's education funding obligation by increasing allocations to school districts, which include materials, supplies, and operating costs, all-day kindergarten, and class size reduction in kindergarten through third grade. Reported by Committee on Appropriations
MAJORITY recommendation: The substitute bill be substituted therefor and the substitute bill do pass. Signed by Representatives Hunter, Chair; Ormsby, Vice Chair; Carlyle; Cody; Dunshee; Green; Haigh; Hudgins; Hunt, S.; Jinkins; Kagi; Lytton; Morrell; Pettigrew; Seaquist; Springer; Sullivan and Tharinger.
MINORITY recommendation: Do not pass. Signed by Representatives Chandler, Ranking Minority Member; Ross, Assistant Ranking Minority Member; Wilcox, Assistant Ranking Minority Member; Buys; Christian; Dahlquist; Fagan; Haler; Harris; Hunt, G.; Parker; Schmick and Taylor.
Passed to Committee on Rules for second reading.
March 1, 2014
HB 2794 Prime Sponsor, Representative Hunter: Adjusting the state expenditure limit to accommodate enhancements to the prototypical school funding formula. Reported by Committee on Appropriations
MAJORITY recommendation: Do pass. Signed by Representatives Hunter, Chair; Ormsby, Vice Chair; Carlyle; Cody; Dunshee; Green; Haigh; Hudgins; Hunt, S.; Jinkins; Kagi; Lytton; Morrell; Pettigrew; Seaquist; Springer; Sullivan and Tharinger.
MINORITY recommendation: Do not pass. Signed by Representatives Chandler, Ranking Minority Member; Ross, Assistant Ranking Minority Member; Wilcox, Assistant Ranking Minority Member; Buys; Christian; Dahlquist; Fagan; Haler; Harris; Hunt, G.; Parker; Schmick and Taylor.
Referred to Committee on .
March 1, 2014
HB 2798 Prime Sponsor, Representative Hunter: Concerning payments made by the health care authority to managed health care systems. Reported by Committee on Appropriations
MAJORITY recommendation: Do pass. Signed by Representatives Hunter, Chair; Ormsby, Vice Chair; Chandler, Ranking Minority Member; Ross, Assistant Ranking Minority Member; Wilcox, Assistant Ranking Minority Member; Buys; Carlyle; Christian; Cody; Dahlquist; Dunshee; Fagan; Green; Haigh; Haler; Harris; Hudgins; Hunt, G.; Hunt, S.; Jinkins; Kagi; Lytton; Morrell; Parker; Pettigrew; Schmick; Seaquist; Springer; Sullivan and Tharinger.
MINORITY recommendation: Do not pass. Signed by Representative Taylor.
Passed to Committee on Rules for second reading.
February 27, 2014
2SSB 5064 Prime Sponsor, Committee on Human Services & Corrections: Concerning persons sentenced for offenses committed prior to reaching eighteen years of age. Reported by Committee on Appropriations Subcommittee on General Government & Information Technology
MAJORITY recommendation: Do pass as amended by Committee on Public Safety. Signed by Representatives Hudgins, Chair; Parker, Ranking Minority Member; Buys; Christian; Dunshee; Hunt, S.; Jinkins; Springer and Taylor.
Passed to Committee on Rules for second reading.
February 27, 2014
SSB 5123 Prime Sponsor, Committee on Ways & Means: Establishing a farm internship program. Reported by Committee on Appropriations Subcommittee on Health & Human Services
MAJORITY recommendation: Do pass. Signed by Representatives Morrell, Chair; Harris, Ranking Minority Member; Green; Hunt, G.; Kagi; Ormsby; Ross and Tharinger.
MINORITY recommendation: Do not pass. Signed by Representative Schmick.
Passed to Committee on Rules for second reading.
March 1, 2014
SSB 5173 Prime Sponsor, Committee on Commerce & Labor: Respecting holidays of faith and conscience. Reported by Committee on Appropriations
MAJORITY recommendation: Do pass as amended by Committee on Judiciary. Signed by Representatives Hunter, Chair; Ormsby, Vice Chair; Chandler, Ranking Minority Member; Ross, Assistant Ranking Minority Member; Wilcox, Assistant Ranking Minority Member; Buys; Carlyle; Christian; Cody; Dahlquist; Dunshee; Fagan; Green; Haigh; Haler; Harris; Hudgins; Hunt, G.; Hunt, S.; Jinkins; Kagi; Lytton; Morrell; Parker; Pettigrew; Schmick; Seaquist; Springer; Sullivan; Taylor and Tharinger.
Passed to Committee on Rules for second reading.
March 1, 2014
SSB 5360 Prime Sponsor, Committee on Commerce & Labor: Addressing the collection of unpaid wages. Reported by Committee on Appropriations
MAJORITY recommendation: Do pass. Signed by Representatives Hunter, Chair; Ormsby, Vice Chair; Chandler, Ranking Minority Member; Ross, Assistant Ranking Minority Member; Wilcox, Assistant Ranking Minority Member; Buys; Carlyle; Christian; Cody; Dahlquist; Dunshee; Fagan; Green; Haigh; Haler; Harris; Hudgins; Hunt, G.; Hunt, S.; Jinkins; Kagi; Lytton; Morrell; Parker; Pettigrew; Schmick; Seaquist; Springer; Sullivan; Taylor and Tharinger.
Passed to Committee on Rules for second reading.
March 1, 2014
SSB 5859 Prime Sponsor, Committee on Ways & Means: Providing enhanced payment to small rural hospitals that meet the criteria of a sole community hospital. Reported by Committee on Appropriations
MAJORITY recommendation: Do pass as amended.
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. The legislature finds that promoting a financially viable health care system in all parts of the state is a critical interest. The federal centers for medicare and medicaid services has recognized the crucial role hospitals play in providing care in rural areas by creating the sole community hospital program, which allows certain small rural hospitals to receive enhanced payments for medicare services. The legislature further finds that creating a similar reimbursement system for the state's medicaid program for sole community hospitals will promote the long-term financial viability of the rural health care system in those communities.
Sec. 2. RCW 74.09.5225 and 2011 1st sp.s. c 15 s 31 are each amended to read as follows:
(1) Payments for recipients eligible for medical assistance programs under this chapter for services provided by hospitals, regardless of the beneficiary's managed care enrollment status, shall be made based on allowable costs incurred during the year, when services are provided by a rural hospital certified by the centers for medicare and medicaid services as a critical access hospital. Any additional payments made by the authority for the healthy options program shall be no more than the additional amounts per service paid under this section for other medical assistance programs.
(2) Beginning on July 24, 2005, a moratorium shall be placed on additional hospital participation in critical access hospital payments under this section. However, rural hospitals that applied for certification to the centers for medicare and medicaid services prior to January 1, 2005, but have not yet completed the process or have not yet been approved for certification, remain eligible for medical assistance payments under this section.
(3)(a) Beginning January 1, 2015, payments for
recipients eligible for medical assistance programs under this chapter for
services provided by a hospital, regardless of the beneficiary's managed care
enrollment status, shall be increased to one hundred twenty-five percent of the
hospital's fee-for-service rates, when services are provided by a rural
hospital that:
(i) Was certified by the centers for medicare and medicaid
services as a sole community hospital as of January 1, 2013;
(ii) Had a level III adult trauma service designation from
the department of health as of January 1, 2014;
(iii) Had less than one hundred fifty acute care licensed
beds in fiscal year 2011; and
(iv) Is owned and operated by the state or a political
subdivision.
(b) The enhanced payment rates under this subsection shall
be considered the hospital's medicaid payment rate for purposes of any other
state or private programs that pay hospitals according to medicaid payment
rates.
(c) Hospitals participating in the certified public
expenditures program may not receive the increased reimbursement rates provided
in this subsection (3) for inpatient services."
Correct the title.
Signed by Representatives Hunter, Chair; Ormsby, Vice Chair; Chandler, Ranking Minority Member; Ross, Assistant Ranking Minority Member; Wilcox, Assistant Ranking Minority Member; Carlyle; Cody; Dunshee; Green; Haigh; Hudgins; Hunt, S.; Jinkins; Kagi; Lytton; Morrell; Pettigrew; Seaquist; Springer; Sullivan and Tharinger.
MINORITY recommendation: Do not pass. Signed by Representatives Buys; Christian; Dahlquist; Fagan; Haler; Harris; Hunt, G.; Parker; Schmick and Taylor.
Passed to Committee on Rules for second reading.
February 27, 2014
SSB 5969 Prime Sponsor, Committee on Higher Education: Providing for awarding academic credit for military training. Reported by Committee on Appropriations Subcommittee on Education
MAJORITY recommendation: Do pass. Signed by Representatives Haigh, Chair; Fagan, Ranking Minority Member; Carlyle; Dahlquist; Haler; Lytton; Pettigrew; Seaquist; Sullivan and Wilcox.
Passed to Committee on Rules for second reading.
February 27, 2014
SB 5981 Prime Sponsor, Senator Sheldon: Increasing the number of superior court judges in Mason county. Reported by Committee on Appropriations Subcommittee on General Government & Information Technology
MAJORITY recommendation: Do pass. Signed by Representatives Hudgins, Chair; Parker, Ranking Minority Member; Buys; Dunshee; Hunt, S.; Jinkins and Springer.
MINORITY recommendation: Do not pass. Signed by Representatives Christian and Taylor.
Passed to Committee on Rules for second reading.
February 28, 2014
ESB 6031 Prime Sponsor, Senator Sheldon: Concerning lake and beach management districts. Reported by Committee on Finance
MAJORITY recommendation: Do pass as amended by Committee on Finance and without amendment by Committee on Local Government.
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 36.61.010 and 2008 c 301 s 1 are each amended to read as follows:
(1) The legislature finds that the environmental, recreational, and aesthetic values of many of the state's lakes are threatened by eutrophication and other deterioration and that existing governmental authorities are unable to adequately improve and maintain the quality of the state's lakes.
(2) The legislature intends that an ecosystem-based beach management approach should be used to help promote the health of aquatic ecosystems and that such a management approach be undertaken in a manner that retains ecosystem values within the state. This management approach should use long-term strategies that focus on reducing nutrient inputs from human activities affecting the aquatic ecosystem, such as decreasing nutrients into storm water sewers, decreasing fertilizer application, promoting the proper disposal of pet waste, promoting the use of vegetative borders, promoting the reduction of nutrients from on-site septic systems where appropriate, and protecting riparian areas. Organic debris, including vegetation, driftwood, seaweed, kelp, and organisms, are extremely important to beach ecosystems.
(3) The legislature further finds that it is in the public interest to promote the conservation and stewardship of shorelines and upland properties adjoining lakes and beaches in order to: (a) Conserve natural or scenic resources; (b) protect riparian habitats and water quality; (c) promote conservation of soils, wetlands, shorelines, or tidal marshes; (d) enhance the value of lakes or beaches to the public as well as the benefit of abutting or neighboring parks, forests, wildlife preserves, nature reservations or sanctuaries, or other open space; (e) enhance recreation opportunities; (f) preserve historic sites; and (g) protect visual quality along highway, road, street, trail, recreational, and other corridors or scenic vistas.
(4) It is the purpose of this chapter to establish a governmental mechanism by which property owners can embark on a program of lake or beach improvement and maintenance for their and the general public's benefit, health, and welfare. Public property, including state property, shall be considered the same as private property in this chapter, except liens for special assessments and liens for rates and charges shall not extend to public property. Lake bottom property and marine property below the line of the ordinary high water mark shall not be considered to be benefitted, shall not be subject to special assessments or rates and charges, and shall not receive voting rights under this chapter.
Sec. 2. RCW 36.61.020 and 2008 c 301 s 3 are each amended to read as follows:
(1) Any county may create lake or beach management districts to finance: (a) The improvement and maintenance of lakes or beaches located within or partially within the boundaries of the county; and (b) the acquisition of real property or property rights within or outside a lake or beach management district including, by way of example, conservation easements authorized under RCW 64.04.130, and to promote the conservation and stewardship of shorelines as well as the conservation and stewardship of upland properties adjoining lakes or beaches for conservation or for minimal development. All or a portion of a lake or beach and the adjacent land areas may be included within one or more lake or beach management districts. More than one lake or beach, or portions of lakes or beaches, and the adjacent land areas may be included in a single lake or beach management district.
(2) For the purposes of this chapter, the term "improvement" includes, among other things, the acquisition of real property and property rights within or outside a lake or beach management district for the purposes set forth in RCW 36.61.010 and this section.
(3) Special assessments or rates and charges
may be imposed on the property included within a lake or beach management
district to finance lake or beach improvement and maintenance activities,
including: (((1))) (a) Controlling or removing aquatic plants
and vegetation; (((2))) (b) improving water quality; (((3)))
(c) controlling water levels; (((4))) (d) treating and
diverting storm water; (((5))) (e) controlling agricultural
waste; (((6))) (f) studying lake or marine water quality problems
and solutions; (((7))) (g) cleaning and maintaining ditches and
streams entering the lake or marine waters or leaving the lake; (((8))) (h)
monitoring air quality; (i) the acquisition of real property and property
rights; and (((9))) (j) the related administrative,
engineering, legal, and operational costs, including the costs of creating the
lake or beach management district.
(4) Special assessments or rates and charges may be imposed annually on all the land in a lake or beach management district for the duration of the lake or beach management district without a related issuance of lake or beach management district bonds or revenue bonds. Special assessments also may be imposed in the manner of special assessments in a local improvement district with each landowner being given the choice of paying the entire special assessment in one payment, or to paying installments, with lake or beach management district bonds being issued to obtain moneys not derived by the initial full payment of the special assessments, and the installments covering all of the costs related to issuing, selling, and redeeming the lake or beach management district bonds.
NEW SECTION. Sec. 3. A new section is added to chapter 36.61 RCW to read as follows:
A proposal to acquire real property or property rights within or outside of a lake or beach management district in accordance with RCW 36.61.020 is subject to the following limitations and requirements: (1) The real property or property rights proposed for acquisition must be in a county located west of the crest of the Cascade mountain range that plans under RCW 36.70A.040 and has a population of more than forty thousand and fewer than sixty-five thousand persons as of April 1, 2013, as determined by the office of financial management; and (2) prior to the acquisition of real property or property rights, the proposal must have the written approval of a majority of the property owners of the district, as determined by the tax rolls of the county assessor.
Sec. 4. RCW 36.61.070 and 2008 c 301 s 9 are each amended to read as follows:
(1) After the public hearing, the county
legislative authority may adopt a resolution submitting the question of
creating the lake or beach management district to the owners of land within the
proposed lake or beach management district, including publicly owned land, if
the county legislative authority finds that it is in the public interest to
create the lake or beach management district and the financing of the lake or
beach improvement and maintenance activities is feasible. The resolution shall
also include: (((1))) (a) A plan describing the proposed lake or
beach improvement and maintenance activities which avoid adverse impacts on
fish and wildlife and provide for appropriate measures to protect and enhance
fish and wildlife; (((2))) (b) the number of years the lake or
beach management district will exist; (((3))) (c) the amount to
be raised by special assessments or rates and charges; (((4))) (d)
if special assessments are to be imposed, whether the special assessments shall
be imposed annually for the duration of the lake or beach management district
or only once with the possibility of installments being imposed and lake or
beach management bonds being issued, or both, and, if both types of special
assessments are proposed to be imposed, the lake or beach improvement or
maintenance activities proposed to be financed by each type of special
assessment; (((5))) (e) if rates and charges are to be imposed, a
description of the proposed rates and charges and the possibility of
revenue bonds being issued that are payable from the rates and charges; and (((6)))
(f) the estimated special assessment or rate and charge proposed to be
imposed on each parcel included in the proposed lake or beach management
district.
(2) No lake or beach management district may be created by a county that includes territory located in another county without the approval of the legislative authority of the other county.
Sec. 5. RCW 36.61.220 and 2008 c 301 s 21 are each amended to read as follows:
Within ((fifteen)) thirty
days after a county creates a lake or beach management district, the county
shall cause to be filed with the county treasurer, a description of the lake or
beach improvement and maintenance activities proposed that the lake or beach
management district finances, the lake or beach management district number, and
a copy of the diagram or print showing the boundaries of the lake or beach
management district and preliminary special assessment roll or abstract of the
same showing thereon the lots, tracts, parcels of land, and other property that
will be specially benefitted thereby and the estimated cost and expense of such
lake or beach improvement and maintenance activities to be borne by each lot,
tract, parcel of land, or other property. The treasurer shall immediately post
the proposed special assessment roll upon his or her index of special
assessments against the properties affected by the lake or beach improvement or
maintenance activities.
Sec. 6. RCW 36.61.250 and 1985 c 398 s 25 are each amended to read as follows:
Except when lake or beach management district bonds are outstanding or when an existing contract might otherwise be impaired, the county legislative authority may stop the imposition of annual special assessments if, in its opinion, the public interest will be served by such action.
Sec. 7. RCW 36.61.260 and 2008 c 301 s 23 are each amended to read as follows:
(1) Counties may issue lake or beach management district revenue bonds in accordance with this section. Lake or beach management district bonds may be issued to obtain money sufficient to cover that portion of the special assessments that are not paid within the thirty-day period provided in RCW 36.61.190.
(2) Whenever lake or beach management district revenue bonds are proposed to be issued, the county legislative authority shall create a special fund or funds for the lake or beach management district from which all or a portion of the costs of the lake or beach improvement and maintenance activities shall be paid. Lake or beach management district bonds shall not be issued in excess of the costs and expenses of the lake or beach improvement and maintenance activities and shall not be issued prior to twenty days after the thirty days allowed for the payment of special assessments without interest or penalties.
(3) Lake or beach management district revenue bonds shall be exclusively payable from the special fund or funds and from a guaranty fund that the county may have created out of a portion of proceeds from the sale of the lake or beach management district bonds.
(((2))) (4)(a) Lake
or beach management district revenue bonds shall not constitute a
general indebtedness of the county issuing the bond nor an obligation, general
or special, of the state. The owner of any lake or beach management district revenue
bond shall not have any claim for the payment thereof against the county that
issues the bonds except for: (i) With respect to revenue bonds payable from
special assessments, payment from the special assessments made for the lake
or beach improvement or maintenance activities for which the lake or beach
management district bond was issued and from the special fund or funds, and
a lake or beach management district guaranty fund, that may have been
created; and (ii) with respect to revenue bonds payable from rates and
charges, payment from rates and charges deposited in the special fund or funds
that the county may have created for that purpose. Revenue bonds may be
payable from both special assessments and from rates and charges. The
county shall not be liable to the owner of any lake or beach management
district bond for any loss to ((the)) a lake or beach management
district guaranty fund occurring in the lawful operation of the fund. The
owner of a lake or beach management district bond shall not have any claim
against the state arising from the lake or beach management district bond, rates
and charges, special assessments, or guaranty fund. Tax revenues shall not
be used to secure or guarantee the payment of the principal of or interest on
lake or beach management district bonds. Notwithstanding the provisions of
this subsection, nothing in this section may be interpreted as limiting a
county's issuance of bonds pursuant to RCW 36.67.010 in order to assist in the
financing of improvements to lakes or beaches located within or partially
within the boundaries of the county, including without limitation lakes or
beaches located within a lake or beach management district.
(b) The substance of the limitations
included in this subsection (4) shall be plainly printed, written,
engraved, or reproduced on: (((a))) (i) Each lake or beach
management district bond that is a physical instrument; (((b))) (ii)
the official notice of sale; and (((c))) (iii) each official
statement associated with the lake or beach management district bonds.
(((3))) (5) If the
county fails to make any principal or interest payments on any lake or beach
management district bond or to promptly collect any special assessment securing
((the)) lake or beach management district revenue bonds when due,
the owner of the lake or beach management district revenue bond may
obtain a writ of mandamus from any court of competent jurisdiction requiring
the county to collect the special assessments, foreclose on the related lien,
and make payments out of the special fund or guaranty fund if one exists. Any
number of owners of lake or beach management districts may join as plaintiffs.
(((4))) (6) A county
may create a lake or beach management district bond guaranty fund for each
issue of lake or beach management district bonds. The guaranty fund shall only
exist for the life of the lake or beach management district bonds with which it
is associated. A portion of the bond proceeds may be placed into a guaranty
fund. Unused moneys remaining in the guaranty fund during the last two years
of the installments shall be used to proportionally reduce the required level
of installments and shall be transferred into the special fund into which
installment payments are placed. A county may, in the discretion of the
legislative authority of the county, deposit amounts into a lake or beach
management district bond guaranty fund from any money legally available for
that purpose. Any amounts remaining in the guaranty fund after the repayment
of all revenue bonds secured thereby and the payment of assessment
installments, may be applied to lake or beach improvement and maintenance
activities or to other district purposes.
(((5))) (7) Lake or
beach management district bonds shall be issued and sold in accordance with
chapter 39.46 RCW. The authority to create a special fund or funds shall
include the authority to create accounts within a fund.
Sec. 8. RCW 36.61.030 and 2008 c 301 s 5 are each amended to read as follows:
A lake or beach management district
may be initiated upon either the adoption of a resolution of intention by a
county legislative authority or the filing of a petition signed by ten
landowners or the owners of at least ((fifteen)) twenty percent
of the acreage contained within the proposed lake or beach management district,
whichever is greater. A petition or resolution of intention shall set forth:
(1) The nature of the lake or beach improvement or maintenance activities
proposed to be financed; (2) the amount of money proposed to be raised by
special assessments or rates and charges; (3) if special assessments are to be
imposed, whether the special assessments will be imposed annually for the
duration of the lake or beach management district, or the full special
assessments will be imposed at one time, with the possibility of installments
being made to finance the issuance of lake or beach management district bonds,
or both methods; (4) if rates and charges are to be imposed, the annual amount
of revenue proposed to be collected and whether revenue bonds payable from the
rates and charges are proposed to be issued; (5) the number of years proposed
for the duration of the lake or beach management district; and (6) the proposed
boundaries of the lake or beach management district.
The county legislative authority may require the posting of a bond of up to five thousand dollars before the county considers the proposed creation of a lake or beach management district initiated by petition. The bond may only be used by the county to finance its costs in studying, holding hearings, making notices, preparing special assessment rolls or rolls showing the rates and charges on each parcel, and conducting elections related to the lake or beach management district if the proposed lake or beach management district is not created.
A resolution of intention shall also designate the number of the proposed lake or beach management district, and fix a date, time, and place for a public hearing on the formation of the proposed lake or beach management district. The date for the public hearing shall be at least thirty days and no more than ninety days after the adoption of the resolution of intention unless an emergency exists.
Petitions shall be filed with the county legislative authority. The county legislative authority shall determine the sufficiency of the signatures, which shall be conclusive upon all persons. No person may withdraw his or her name from a petition after it is filed. If the county legislative authority determines a petition to be sufficient and the proposed lake or beach management district appears to be in the public interest and the financing of the lake or beach improvement or maintenance activities is feasible, it shall adopt a resolution of intention, setting forth all of the details required to be included when a resolution of intention is initiated by the county legislative authority.
NEW SECTION. Sec. 9. A new section is added to chapter 36.61 RCW to read as follows:
(1) In connection with the acquisition of real property or property rights within or outside a lake or beach management district, a county may: (a) Own real property and property rights, including without limitation conservation easements; (b) transfer real property and property rights to another state or local governmental entity; (c) contract with a public or private entity, including without limitation a financial institution with trust powers, a municipal corporation, or a nonprofit corporation, to hold real property or property rights such as conservation easements in trust for the purposes of the lake and beach management district, and, in connection with those services, to pay the reasonable costs of that financial institution or nonprofit corporation; (d) monitor and enforce the terms of a real property right such as a conservation easement, or for that purpose to contract with a public or private entity, including without limitation a financial institution with trust powers, a municipal corporation, or a nonprofit corporation; (e) impose terms, conditions, and encumbrances upon real property or property rights acquired in respect of a lake or beach management district, and amend the same; and (f) accept gifts, grants, and loans in connection with the acquisition of real property and property rights for lake or beach management district purposes.
(2) If a county contracts with a financial institution, municipal corporation, or nonprofit corporation to hold that property or property rights in trust for purposes of the district, the terms of the contract must provide that the financial institution, municipal corporation, or nonprofit corporation may not sell, pledge, or hypothecate the property or property rights for any purpose, and must further provide for the return of the property or property rights back to the county in the event of a material breach of the terms of the contract.
(3) Before a lake or beach management district in existence as of the effective date of this section exercises the powers set forth in this section, the legislative authority of the county must provide for an amended resolution of intention and modify the plan for the district, with a public hearing, all as provided in RCW 36.61.050.
Sec. 10. RCW 36.61.170 and 2008 c 301 s 18 are each amended to read as follows:
(1) The total annual special assessments may not exceed the estimated cost of the lake or beach improvement or maintenance activities proposed to be financed by such special assessments, as specified in the resolution of intention. The total of special assessments imposed in a lake or beach management district that are of the nature of special assessments imposed in a local improvement district shall not exceed one hundred fifty percent of the estimated total cost of the lake or beach improvement or maintenance activities that are proposed to be financed by the lake or beach management district as specified in the resolution of intention.
(2) After a lake or beach management district has been created, the resolution of intention may be amended to increase or otherwise modify the amount to be financed by the lake or beach management district by using the same procedure in which a lake or beach management district is created, including landowner approvals consistent with the procedures established in RCW 36.61.080 through 36.61.100.
NEW SECTION. Sec. 11. A new section is added to chapter 36.61 RCW to read as follows:
(1) Except when lake or beach management district bonds are outstanding or when an existing contract might otherwise be impaired, a lake or beach management district may be dissolved either by: The county legislative authority upon a finding that the purposes of the district have been accomplished; or a vote of the property owners within the district, if proposed by the legislative authority of the county or through the filing of a sufficient petition signed by the owners of at least twenty percent of the acreage within the district.
(2) If the question of dissolution of a district is submitted to property owners, the balloting is subject to the following conditions, which must be included in the instructions mailed with each ballot, as provided in RCW 36.61.080:
(a) A ballot must be mailed to each owner or reputed owner of any lot, tract, parcel of land, or other property within the district, with the ballot weighted so that a property owner has one vote for each dollar of special assessment or rates and charges imposed on his or her property;
(b) A ballot must be signed by the owner or reputed owner of property according to the assessor's tax rolls;
(c) Each ballot must be returned to the county legislative authority no later than 5:00 p.m. of a specified day, which must be at least twenty, but not more than thirty days after the ballots are mailed; and
(d) Each property owner must mark his or her ballot for or against the dissolution of the district.
(3) If, following the tabulation of the valid ballots, a simple majority of the votes cast are in favor of dissolving the district, the district must be dissolved on the date established in the ballot proposition.
(4) A county, although not separately responsible for satisfying the financial obligations of a dissolved district, has full authority to continue imposing special assessments, rates, and charges for a dissolved district until all financial obligations of the district incurred prior to its dissolution have been extinguished or retired."
Correct the title.
Signed by Representatives Carlyle, Chair; Tharinger, Vice Chair; Nealey, Ranking Minority Member; Fitzgibbon; Lytton; Reykdal; Springer and Wilcox.
MINORITY recommendation: Do not pass. Signed by Representatives Condotta and Vick.
Passed to Committee on Rules for second reading.
March 1, 2014
ESSB 6040 Prime Sponsor, Committee on Natural Resources & Parks: Concerning invasive species. Reported by Committee on Appropriations
MAJORITY recommendation: Do pass as amended by Committee on Appropriations and without amendment by Committee on Agriculture & Natural Resources.
Strike everything after the enacting clause and insert the following:
"PART 1
INVASIVE SPECIES--MANAGEMENT
NEW SECTION. Sec. 101. The legislature finds that:
(1) The state's fish, wildlife, and habitat are exceptionally valuable environmental resources for the state's citizens.
(2) The state's fish, wildlife, and habitat also provide exceptionally valuable economic, cultural, and recreational resources. These include hydroelectric power, agriculture, forests, water supplies, commercial and recreational fisheries, aquaculture, and public access to outdoor recreational opportunities.
(3) Invasive species pose a grave threat to these environmental and economic resources, especially to salmon recovery and state and federally listed threatened and endangered species. Because of the significant harm invasive species can cause, invasive species constitute a public nuisance.
(4) If allowed to become established, invasive species can threaten human health and cause environmental and economic disasters affecting not only our state, but other states and nations.
(5) The risk of invasive species spreading into Washington increases as travel and commerce grows in volume and efficiency.
(6) Prevention of invasive species is a cost-effective, successful, and proven management strategy. Prevention is the state's highest management priority with an emphasis on education and outreach, inspections, and rapid response.
(7) The integrated management of invasive species through pathways regulated by the department is critical to preventing the introduction and spread of a broad range of such species, including plants, diseases, and parasites.
(8) Washington's citizens must work together to protect the state from invasive species.
(9) Public and private partnerships, cooperative agreements, and compacts are important for preventing new arrivals and managing existing populations of invasive species, and coordinating these actions on local, state, national, and international levels.
(10) The department requires authority for this mission to effectively counter the unpredictable nature of invasive species' introductions and spread, enable the utilization of new advances in invasive ecology science, and implement applicable techniques and technology to address invasive species.
(11) An integrated management approach provides the best way for the state to manage invasive species and includes opportunities for creating an informed public, encouraging public involvement, and striving for local, regional, national, and international cooperation and consistency on management standards. An integrated management approach also applies sound science to minimize the chance that invasive species used for beneficial purposes will result in environmental harm.
(12) This chapter provides authority for the department to effectively address invasive species using an integrated management approach.
(13) The department of fish and wildlife currently has sufficient statutory authority to effectively address invasive species risks posed through discharge of ballast water under chapter 77.120 RCW and by private sector shellfish aquaculture operations regulated under chapter 77.115 RCW. The programs developed by the department under these chapters embody the principles of prevention as the highest priority, integrated management of pathways, public-private partnerships, clean and drain principles, and rapid response capabilities.
NEW SECTION. Sec. 102. The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Aquatic conveyance" means transportable personal property having the potential to move an aquatic invasive species from one aquatic environment to another. Aquatic conveyances include but are not limited to watercraft and associated equipment, float planes, construction equipment, fish tanker trucks, hydroelectric and irrigation equipment, personal fishing and hunting gear, and materials used for aquatic habitat mitigation or restoration.
(2) "Aquatic invasive species" means an invasive species of the animal kingdom with a life cycle that is at least partly dependent upon fresh, brackish, or marine waters. Examples include nutria, waterfowl, amphibians, fish, and shellfish.
(3) "Aquatic plant" means a native or nonnative emergent, submersed, partially submersed, free-floating, or floating-leaved plant species that is dependent upon fresh, brackish, or marine water ecosystems and includes all stages of development and parts.
(4) "Certificate of inspection" means a department-approved document that declares, to the extent technically or measurably possible, that an aquatic conveyance does not carry or contain an invasive species. Certification may be in the form of a decal, label, rubber stamp imprint, tag, permit, locking seal, or written statement.
(5) "Clean and drain" means to remove the following from areas on or within an aquatic conveyance to the extent technically and measurably possible:
(a) Visible native and nonnative aquatic animals, plants, or other organisms; and
(b) Raw water.
(6) "Commercial watercraft" means a management category of aquatic conveyances:
(a) Required to have valid marine documentation as a vessel of the United States or similar required documentation for a country other than the United States; and
(b) Not subject to watercraft registration requirements under chapter 88.02 RCW or ballast water requirements under chapter 77.120 RCW.
(7) "Cryptogenic species" means a species that scientists cannot commonly agree are native or nonnative or are part of the animal kingdom.
(8) "Decontaminate" means, to the extent technically and measurably possible, the application of a treatment to kill, destroy, remove, or otherwise eliminate all known or suspected invasive species carried on or contained within an aquatic conveyance or structural property by use of physical, chemical, or other methods. Decontamination treatments may include drying an aquatic conveyance for a time sufficient to kill aquatic invasive species through desiccation.
(9) "Detect" means the verification of invasive species' presence as defined by the department.
(10) "Eradicate" means, to the extent technically and measurably possible, to kill, destroy, remove, or otherwise eliminate an invasive species from a water body or property using physical, chemical, or other methods.
(11) "Infested site management" means management actions as provided under section 109 of this act that may include long-term actions to contain, control, or eradicate a prohibited species.
(12) "Introduce" means to intentionally or unintentionally release, place, or allow the escape, dissemination, or establishment of an invasive species on or into a water body or property as a result of human activity or a failure to act.
(13) "Invasive species" means nonnative species of the animal kingdom that are not naturally occurring in Washington for purposes of breeding, resting, or foraging, and that pose an invasive risk of harming or threatening the state's environmental, economic, or human resources. Invasive species include all stages of species development and body parts. They may also include genetically modified or cryptogenic species.
(14) "Invasive species council" means the Washington invasive species council established in RCW 79A.25.310 or a similar collaborative state agency forum. The term includes the council and all of its officers, employees, agents, and contractors.
(15) "Mandatory check station" means a location where a person transporting an aquatic conveyance must stop and allow the conveyance to be inspected for aquatic invasive species.
(16) "Possess" means to have authority over the use of an invasive species or use of an aquatic conveyance that may carry or contain an invasive species. For the purposes of this subsection, "authority over" includes the ability to intentionally or unintentionally hold, import, export, transport, purchase, sell, barter, distribute, or propagate an invasive species.
(17) "Prohibited species" means a classification category of nonnative species as provided in section 104 of this act.
(18) "Property" means both real and personal property.
(19) "Quarantine declaration" means a management action as provided under section 107 of this act involving the prohibition or conditioning of the movement of aquatic conveyances and waters from a place or an area that is likely to contain a prohibited species.
(20) "Rapid response" means expedited management actions as provided under section 108 of this act triggered when invasive species are detected, for the time-sensitive purpose of containing or eradicating the species before it spreads or becomes further established.
(21) "Raw water" means water from a water body and held on or within property. "Raw water" does not include water from precipitation that is captured in a conveyance, structure, or depression that is not otherwise intended to function as a water body, or water from a potable water supply system, unless the water contains visible aquatic organisms.
(22) "Regulated species" means a classification category of nonnative species as provided in section 104 of this act.
(23) "Registered watercraft" means a management category of aquatic conveyances required to register as vessels under RCW 88.02.550 or similar requirements for a state other than Washington or a country other than the United States.
(24) "Seaplane" means a management category of aquatic conveyances capable of landing on or taking off from water and required to register as an aircraft under RCW 47.68.250 or similar registration in a state other than Washington or a country other than the United States.
(25) "Small watercraft" means a management category of aquatic conveyances:
(a) Including inflatable and hard-shell watercraft used or capable of being used as a means of transportation on the water, such as kayaks, canoes, sailboats, and rafts that:
(i) Do not meet watercraft registration requirements under chapter 88.02 RCW; and
(ii) Are ten feet or more in length with or without mechanical propulsion or less than ten feet in length and fitted with mechanical propulsion.
(b) Excluding nonmotorized aquatic conveyances of any size not designed or modified to be used as a means of transportation on the water, such as inflatable air mattresses and tubes, beach and water toys, surf boards, and paddle boards.
(26) "Water body" means an area that carries or contains a collection of water, regardless of whether the feature carrying or containing the water is natural or nonnatural. Examples include basins, bays, coves, streams, rivers, springs, lakes, wetlands, reservoirs, ponds, tanks, irrigation canals, and ditches.
NEW SECTION. Sec. 103. (1) The department is the lead agency for managing invasive species of the animal kingdom statewide. This lead responsibility excludes pests, domesticated animals, or livestock managed by the department of agriculture under Titles 15, 16, and 17 RCW, forest invasive insect and disease species managed by the department of natural resources under Title 76 RCW, and mosquito and algae control and shellfish sanitation managed by the department of health under Titles 69, 70, and 90 RCW.
(2) Subject to the availability of funding for these specific purposes, the department may:
(a) Develop and implement integrated invasive species management actions and programs authorized by this chapter, including rapid response, early detection and monitoring, prevention, containment, control, eradication, and enforcement;
(b) Establish and maintain an invasive species outreach and education program, in coordination with the Washington invasive species council, that covers public, commercial, and professional pathways and interests;
(c) Align management classifications, standards, and enforcement provisions by rule with regional, national, and international standards and enforcement provisions;
(d) Manage invasive species to support the preservation of native species, salmon recovery, and the overall protection of threatened or endangered species;
(e) Participate in local, state, regional, national, and international efforts regarding invasive species to support the intent of this chapter;
(f) Provide technical assistance or other support to tribes, federal agencies, local governments, and private groups to promote an informed public and assist the department in meeting the intent of this chapter;
(g) Enter into partnerships, cooperative agreements, and state or interstate compacts as necessary to accomplish the intent of this chapter;
(h) Research and develop invasive species management tools, including standard methods for decontaminating aquatic conveyances and controlling or eradicating invasive species from water bodies and properties;
(i) Post invasive species signs and information at port districts, privately or publicly owned marinas, state parks, and all boat launches owned or leased by state agencies or political subdivisions; and
(j) Adopt rules as needed to implement the provisions of this chapter.
(3) The department may delegate selected and clearly identified elements of its authorities and duties to another agency of the state with appropriate expertise or administrative capacity upon cooperative agreement with that agency. This delegation may include provisions of funding for implementation of the delegations. The department retains primary authority and responsibility for all requirements of this chapter unless otherwise directed in this chapter.
(4) This chapter does not apply to the possession or introduction of nonnative aquatic animal species by:
(a) Ballast water held or discharged by vessels regulated under chapter 77.120 RCW; or
(b) Private sector aquaculture operations, transfers, or conveyances regulated under chapter 77.115 RCW.
(5) This chapter does not preempt or replace other department species classification systems or other management requirements under this title. However, the department must streamline invasive species requirements under this chapter into existing permits and cooperative agreements as possible.
NEW SECTION. Sec. 104. (1) The department, in consultation with the invasive species council, may classify or reclassify and list by rule nonnative aquatic animal species as prohibited level 1, level 2, or level 3, based on the degree of invasive risk, the type of management action required, and resources available to conduct the management action.
(a) Species classified as prohibited level 1 pose a high invasive risk and are a priority for prevention and expedited rapid response management actions.
(b) Species classified as prohibited level 2 pose a high invasive risk and are a priority for long-term infested site management actions.
(c) Species classified as prohibited level 3 pose a moderate to high invasive risk and may be appropriate for prevention, rapid response, or other prohibited species management plan actions by the department, another agency, a local government, tribes, or the public.
(2) The department, in consultation with the invasive species council, may classify and list by rule regulated type A species. This classification is used for nonnative aquatic animal species that pose a low to moderate invasive risk that can be managed based on intended use or geographic scope of introduction, have a beneficial use, and are a priority for department-led or department-approved management of the species' beneficial use and invasive risks.
(3) Nonnative aquatic animal species not classified as prohibited level 1, level 2, or level 3 under subsection (1) of this section, or as regulated type A species under subsection (2) of this section, are automatically managed statewide as regulated type B species or regulated type C species and do not require listing by rule.
(a) Species managed as regulated type B pose a low or unknown invasive risk and are possessed for personal or commercial purposes, such as for aquariums, live food markets, or as nondomesticated pets.
(b) Species managed as regulated type C pose a low or unknown invasive risk and include all other species that do not meet the criteria for management as a regulated type B invasive species.
(4) Classification of prohibited and regulated species:
(a) May be by individual species or larger taxonomic groups up to the family name;
(b) Must align, as practical and appropriate, with regional and national classification levels;
(c) Must be statewide unless otherwise designated by a water body, property, or other geographic region or area; and
(d) May define general possession and introduction conditions acceptable under department authorization, a permit, or as otherwise provided by rule.
(5) Prior to or at the time of classifying species by rule as prohibited or regulated under subsections (1) and (2) of this section, the department, in consultation with the invasive species council, must adopt rules establishing standards for determining invasive risk levels and criteria for determining beneficial use that take into consideration environmental impacts, and especially effects on the preservation of native species, salmon recovery, and threatened or endangered species.
NEW SECTION. Sec. 105. (1) Until the department adopts rules classifying species pursuant to chapter 77.--- RCW (the new chapter created in section 121 of this act), species and classifications identified in this section are automatically managed as follows:
(a) Zebra mussels (Dreissena polymorpha), quagga mussels (Dreissena rostriformis bugensis), European green crab (Carcinus maenas), and all members of the genus Eriocheir (including Chinese mitten crab), all members of the walking catfish family (Clariidae), all members of the snakehead family (Channidae), silver carp (Hypophthalmichthys molitrix), largescale silver carp (Hypophthalmichthys harmandi), black carp (Mylopharyngodon piceus), and bighead carp (Hypophthalmichthys nobilis) are prohibited level 1 species statewide;
(b) Prohibited aquatic animal species classified under WAC 220-12-090(1), in effect on July 1, 2014, except those as noted in this subsection are prohibited level 3 species statewide;
(c) Regulated aquatic animal species classified under WAC 220-12-090(2), in effect on July 1, 2014, are regulated type A species statewide; and
(d) Nonnative aquatic animal species classified as game fish under WAC 232-12-019, in effect on July 1, 2014, or food fish under WAC 220-12-010, in effect on July 1, 2014, are regulated type A species statewide.
(2) The department, in consultation with the invasive species council, may change these classifications by rule.
NEW SECTION. Sec. 106. (1) Prohibited level 1, level 2, and level 3 species may not be possessed, introduced on or into a water body or property, or trafficked, without department authorization, a permit, or as otherwise provided by rule.
(2) Regulated type A, type B, and type C species may not be introduced on or into a water body or property without department authorization, a permit, or as otherwise provided by rule.
(3) Regulated type B species, when being actively used for commercial purposes, must be readily and clearly identified in writing by taxonomic species name or subspecies name to distinguish the subspecies from another prohibited species or a regulated type A species. Nothing in this section precludes using additional descriptive language or trade names to describe regulated type B species as long as the labeling requirements of this section are met.
NEW SECTION. Sec. 107. (1) If the department determines it is necessary to protect the environmental, economic, or human health interests of the state from the threat of a prohibited level 1 or level 2 species, the department may declare a quarantine against a water body, property, or region within the state. The department may prohibit or condition the movement of aquatic conveyances and waters from such a quarantined place or area that are likely to contain a prohibited species.
(2) A quarantine declaration under this section may be implemented separately or in conjunction with rapid response management actions under section 108 of this act and infested site management actions under section 109 of this act in a manner and for a duration necessary to protect the interests of the state from the threat of a prohibited level 1 or level 2 species. A quarantine declaration must include:
(a) The reasons for the action including the prohibited level 1 or level 2 species triggering the quarantine;
(b) The boundaries of the area affected;
(c) The action timeline;
(d) Types of aquatic conveyances and waters affected by the quarantine and any prohibition or conditions on the movement of those aquatic conveyances and waters from the quarantine area; and
(e) Inspection and decontamination requirements for aquatic conveyances.
NEW SECTION. Sec. 108. (1) The department may implement rapid response management actions where a prohibited level 1 species is detected in or on a water body or property. Rapid response management actions may: Include expedited actions to contain, control, or eradicate the prohibited species; and, if applicable, be implemented in conjunction with a quarantine declaration. Rapid response management actions must be terminated by the department when it determines that the targeted prohibited level 1 species are:
(a) Eradicated;
(b) Contained or controlled without need for further management actions;
(c) Reclassified for that water body; or
(d) Being managed under infested site management actions pursuant to section 109 of this act.
(2) If a rapid response management action exceeds seven days, the department may implement an incident command system for rapid response management including scope, duration, and types of actions and to support mutual assistance and cooperation between the department and other affected state and federal agencies, tribes, local governments, and private water body or property owners. The purpose of this system is to coordinate a rapid, effective, and efficient response to contain, control, and eradicate if feasible, a prohibited level 1 species. Mutual assistance and coordination by other state agencies is especially important to assist the department in expediting necessary state and federal environmental permits.
(3) The department may enter into cooperative agreements with national, regional, state, and local rapid response management action partners to establish incident command system structures, secure or prepare submission-ready environmental permits, and identify mutual assistance commitments in preparation for potential future actions.
(4) The department may perform simulated rapid response exercises, testing, or other training activities to prepare for future rapid response management actions.
(5) In implementing rapid response management actions, the department may enter upon property consistent with the process established under section 119 of this act.
NEW SECTION. Sec. 109. (1) The department may implement infested site management actions where a prohibited level 2 species is detected in or on a water body or property. Infested site management actions may: Include long-term actions to contain, control, or eradicate the prohibited species; and, if applicable, be implemented in conjunction with a quarantine declaration. Infested site management actions must be terminated by the department when it determines that the targeted prohibited level 2 species are:
(a) Eradicated;
(b) Contained or controlled without need for further management actions; or
(c) Reclassified for that water body.
(2) The department must consult with affected state and federal agencies, tribes, local governments, and private water body or property owners prior to implementing infested site management actions. The purpose of the consultation is to support mutual assistance and cooperation in providing an effective and efficient response to contain, control, and eradicate, if feasible, a prohibited level 2 species.
(3) The department may enter into cooperative agreements with national, regional, state, and local infested site management action partners to establish management responsibilities, secure or prepare submission-ready environmental permits, and identify mutual assistance commitments.
(4) In implementing infested site management actions, the department may enter upon property consistent with the process established under section 119 of this act.
NEW SECTION. Sec. 110. (1) To the extent possible, the department's quarantine declarations under section 107 of this act, rapid response management actions under section 108 of this act, and infested site management actions under section 109 of this act must be implemented in a manner best suited to contain, control, and eradicate prohibited level 1 and level 2 species while protecting human safety, minimizing adverse environmental impacts to a water body or property, and minimizing adverse economic impacts to owners of an affected water body or property.
(2) The department is the lead agency for quarantine declarations, rapid response, and infested site management actions. Where the infested water body is subject to tribal, federal, or other sovereign jurisdiction, the department:
(a) Must consult with appropriate federal agencies, tribal governments, other states, and Canadian government entities to develop and implement coordinated management actions on affected water bodies under shared jurisdiction;
(b) May assist in infested site management actions where these actions may prevent the spread of prohibited species into state water bodies; and
(c) May assist other states and Canadian government entities, in the Columbia river basin, in management actions on affected water bodies outside of the state where these actions may prevent the spread of the species into state water bodies.
(3)(a) The department must provide notice of quarantine declarations, rapid response, and infested site management actions to owners of an affected water body or property. Notice may be provided by any reasonable means, such as in person, by United States postal service, by publication in a local newspaper, by electronic publication including social media or postings on the department's public web site, or by posting signs at the water body.
(b) The department must provide updates to owners of an affected water body or property based on management action type as follows:
(i) Every seven days for a rapid response management action and, if applicable, a quarantine declaration implemented in conjunction with a rapid response management action;
(ii) Every six months for a separate quarantine declaration;
(iii) Annually for the duration of an infested site management action and, if applicable, a quarantine declaration implemented in conjunction with an infested site management action; and
(iv) A final update at the conclusion of any management action.
(c) In addition to owners of an affected water body or property, the department must provide notice of a quarantine declaration to members of the public by any reasonable means for an area subject to a quarantine declaration, such as by publication in a local newspaper, by electronic publication including social media or postings on the department's public web site, or by posting signs at the water body. The department must provide updates at reasonable intervals and a final update at the conclusion of the quarantine declaration.
(4) The department must publicly list those water bodies or portions of water bodies in which a prohibited level 1 or level 2 species has been detected. The department may list those areas in which a prohibited level 3 species has been detected.
(5) When posting signs at a water body or property where a prohibited species has been detected, the department must consult with owners of the affected water body or property regarding placement of those signs.
NEW SECTION. Sec. 111. (1) If the director finds that there exists an imminent danger of a prohibited level 1 or level 2 species detection that seriously endangers or threatens the environment, economy, human health, or well-being of the state of Washington, the director must ask the governor to order, under RCW 43.06.010(14), emergency measures to prevent or abate the prohibited species. The director's findings must contain an evaluation of the effect of the emergency measures on environmental factors such as fish listed under the endangered species act, economic factors such as public and private access, human health factors such as water quality, or well-being factors such as cultural resources.
(2) If an emergency is declared pursuant to RCW 43.06.010(14), the director may consult with the invasive species council to advise the governor on emergency measures necessary under RCW 43.06.010(14) and this section, and make subsequent recommendations to the governor. The invasive species council must involve owners of the affected water body or property, state and local governments, federal agencies, tribes, public health interests, technical service providers, and environmental organizations, as appropriate.
(3) Upon the governor's approval of emergency measures, the director may implement these measures to prevent, contain, control, or eradicate invasive species that are the subject of the emergency order, notwithstanding the provisions of chapter 15.58 or 17.21 RCW or any other statute. These measures, after evaluation of all other alternatives, may include the surface and aerial application of pesticides.
(4) The director must continually evaluate the effects of the emergency measures and report these to the governor at intervals of not less than ten days. The director must immediately advise the governor if the director finds that the emergency no longer exists or if certain emergency measures should be discontinued.
NEW SECTION. Sec. 112. (1) A person in possession of an aquatic conveyance who enters Washington by road, air, or water is required to have a certificate of inspection. A person must provide this certificate of inspection upon request by a fish and wildlife officer or ex officio fish and wildlife officer.
(2) The department must adopt rules to implement this section including:
(a) Types of aquatic conveyances required to have a certificate of inspection;
(b) Allowable certificate of inspection forms including passport type systems and integration with existing similar permits;
(c) Situations when authorization can be obtained for transporting an aquatic conveyance not meeting inspection requirements to a specified location within the state where certificate of inspection requirements can be provided; and
(d) Situations where aquatic conveyances are using shared boundary waters of the state, such as portions of the Columbia river, lake Osoyoos, and the Puget Sound.
NEW SECTION. Sec. 113. (1) A person in possession of an aquatic conveyance must meet clean and drain requirements after the conveyance's use in or on a water body or property. A certificate of inspection is not needed to meet clean and drain requirements.
(2) A fish and wildlife officer or ex officio fish and wildlife officer may order a person transporting an aquatic conveyance not meeting clean and drain requirements to:
(a) Clean and drain the conveyance at the discovery site, if the department determines there are sufficient resources available; or
(b) Transport the conveyance to a reasonably close location where resources are sufficient to meet the clean and drain requirements.
(3) This section may be enforced immediately on the transportation of aquatic plants by registered watercraft, small watercraft, seaplanes, and commercial watercraft. The department must adopt rules to implement all other aspects of clean and drain requirements, including:
(a) Other types of aquatic conveyances subject to this requirement;
(b) When transport of an aquatic conveyance is authorized if clean and drain services are not readily available at the last water body used; and
(c) Exemptions to clean and drain requirements where the department determines there is minimal risk of spreading invasive species.
NEW SECTION. Sec. 114. (1) The department may establish mandatory check stations to inspect aquatic conveyances for clean and drain requirements and aquatic invasive species. The check stations must be operated by at least one fish and wildlife officer, an ex officio fish and wildlife officer in coordination with the department, or department-authorized representative, and must be plainly marked by signs and operated in a safe manner.
(2) Aquatic conveyances required to stop at mandatory check stations include registered watercraft, commercial watercraft, and small watercraft. The department may establish rules governing other types of aquatic conveyances that must stop at mandatory check stations. The rules must provide sufficient guidance so that a person transporting the aquatic conveyance readily understands that he or she is required to stop.
(3) A person who encounters a mandatory check station while transporting an aquatic conveyance must:
(a) Stop at the mandatory check station;
(b) Allow the aquatic conveyance to be inspected for clean and drain requirements and aquatic invasive species;
(c) Follow clean and drain orders if clean and drain requirements are not met pursuant to section 113 of this act; and
(d) Follow decontamination orders pursuant to section 115 of this act if an aquatic invasive species is found.
(4) A person who complies with the department directives under this section is exempt from criminal penalties under sections 205 and 206 of this act, civil penalties under RCW 77.15.160(4), and civil forfeiture under RCW 77.15.070, unless the person has a prior conviction for an invasive species violation within the past five years.
NEW SECTION. Sec. 115. (1) Upon discovery of an aquatic conveyance that carries or contains an aquatic invasive species without department authorization, a permit, or as otherwise provided by rule, a fish and wildlife officer or ex officio fish and wildlife officer may issue a decontamination order:
(a) Requiring decontamination at the discovery site, if the situation presents a low risk of aquatic invasive species introduction, and sufficient department resources are available at the discovery site;
(b) Prohibiting the launch of the aquatic conveyance in a water body until decontamination is completed and certified, if the situation presents a low risk of aquatic invasive species introduction, and sufficient department resources are not available at the discovery site;
(c) Requiring immediate transport of the conveyance to an approved decontamination station, and prohibiting the launch of the conveyance in a water body until decontamination is completed and certified, if the situation presents a moderate risk of aquatic invasive species introduction, and sufficient department resources are not available at the discovery site; or
(d) Seizing and transporting the aquatic conveyance to an approved decontamination station until decontamination is completed and certified, if the situation presents a high risk of aquatic invasive species introduction, and sufficient department resources are not available at the discovery site.
(2) The person possessing the aquatic conveyance that is subject to orders issued under subsection (1)(b) through (d) of this section must bear any costs for seizure, transportation, or decontamination.
(3) Orders issued under subsection (1)(b) through (d) of this section must be in writing and must include notice of the opportunity for a hearing pursuant to section 116 of this act to determine the validity of the orders.
(4) If a decontamination order is issued under subsection (1)(d) of this section, the department may seize the aquatic conveyance for two working days or a reasonable additional period of time thereafter as needed to meet decontamination requirements. The decontamination period must be based on factors including conveyance size and complexity, type and number of aquatic invasive species present, and decontamination station resource capacity.
(5) If an aquatic conveyance is subject to forfeiture under RCW 77.15.070, the timelines and other provisions under that section apply to the seizure.
(6) Upon decontamination and issuing a certificate of inspection, an aquatic conveyance must be released to the person in possession of the aquatic conveyance at the time the decontamination order was issued, or to the owner of the aquatic conveyance.
NEW SECTION. Sec. 116. (1) A person aggrieved or adversely affected by a quarantine declaration under section 107 of this act, a rapid response management action under section 108 of this act, an infested site management action under section 109 of this act, or a decontamination order under section 115 of this act may contest the validity of the department's actions by requesting a hearing in writing within twenty days of the department's actions.
(2) Hearings must be conducted pursuant to chapter 34.05 RCW and the burden of demonstrating the invalidity of agency action is on the party asserting invalidity. The hearing may be conducted by the director or the director's designee and may occur telephonically.
(3) A hearing on a decontamination order is limited to the issues of whether decontamination was necessary and the reasonableness of costs assessed for any seizure, transportation, and decontamination. If the person in possession of the aquatic conveyance that was decontaminated prevails at the hearing, the person is entitled to reimbursement by the department for any costs assessed by the department or decontamination station operator for the seizure, transportation, and decontamination. If the department prevails at the hearing, the department is not responsible for and may not reimburse any costs.
NEW SECTION. Sec. 117. (1) The department may operate aquatic conveyance inspection and decontamination stations statewide for voluntary use by the public or for mandatory use where directed by the department to meet inspection and decontamination requirements of this chapter. Decontamination stations can be part of or separate from inspection stations. Inspection and decontamination stations are separate from commercial vehicle weigh stations operated by the Washington state patrol.
(2) Inspection station staff must inspect aquatic conveyances to determine whether the conveyances carry or contain aquatic invasive species. If an aquatic conveyance is free of aquatic invasive species, then inspection station staff must issue a certificate of inspection. A certificate of inspection is valid until the conveyance's next use in a water body.
(3) If a conveyance carries or contains aquatic invasive species, then inspection station staff must require the conveyance's decontamination before issuing a certificate of inspection. The certificate of inspection is valid until the conveyance's next use in a water body.
(4) The department must identify, in a way that is readily available to the public, the location and contact information for inspection and decontamination stations.
(5) The department must adopt by rule standards for inspection and decontamination that, where practical and appropriate, align with regional, national, and international standards.
NEW SECTION. Sec. 118. (1) The department may authorize representatives to operate its inspection and decontamination stations and mandatory check stations. Department-authorized representatives may be department volunteers, other law enforcement agencies, or independent businesses.
(2) The department must adopt rules governing the types of services that department-authorized representatives may perform under this chapter.
(3) Department-authorized representatives must have official identification, training, and administrative capacity to fulfill their responsibilities under this section.
(4) Within two years of the effective date of this section, the department must provide the legislature with recommendations for a fee schedule that department-authorized representatives may charge users whose aquatic conveyances receive inspection and decontamination services.
NEW SECTION. Sec. 119. (1) The department may enter upon a property or water body at any reasonable time for the purpose of administering this chapter, including inspecting and decontaminating aquatic conveyances, collecting invasive species samples, implementing rapid response management actions or infested site management actions, and containing, controlling, or eradicating invasive species.
(2) Prior to entering the property or water body, the department shall make a reasonable attempt to notify the owner of the property or water body as to the purpose and need for the entry. Should the department be denied access to any property or water body where access is sought for the purposes set forth in this chapter, the department may apply to any court of competent jurisdiction for a warrant authorizing access to the property.
(3) Upon such an application, the court may issue the warrant for the purposes requested where the court finds reasonable cause to believe it is necessary to achieve the purposes of this chapter.
NEW SECTION. Sec. 120. The provisions of this chapter must be liberally construed to carry out the intent of the legislature.
NEW SECTION. Sec. 121. Sections 102 through 104 and 106 through 120 of this act constitute a new chapter in Title 77 RCW.
PART 2
INVASIVE SPECIES--ENFORCEMENT
NEW SECTION. Sec. 201. A new section is added to chapter 77.15 RCW to read as follows:
(1) Based upon reasonable suspicion that a person possesses an aquatic conveyance that has not been cleaned and drained or carries or contains aquatic invasive species in violation of this title, fish and wildlife officers or ex officio fish and wildlife officers may temporarily stop the person and inspect the aquatic conveyance for compliance with the requirements of this title.
(2) Unless the context clearly requires otherwise, the definitions in both RCW 77.08.010 and section 102 of this act apply throughout this section.
NEW SECTION. Sec. 202. A new section is added to chapter 77.15 RCW to read as follows:
(1) Upon a showing of probable cause that there has been a violation of an invasive species law of the state of Washington, or upon a showing of probable cause to believe that evidence of such a violation may be found at a place, a court must issue a search warrant or arrest warrant. Fish and wildlife officers or ex officio fish and wildlife officers may execute any such search or arrest warrant reasonably necessary to carry out their duties under this title with regard to an invasive species law and may seize invasive species or any evidence of a crime and the fruits or instrumentalities of a crime as provided by warrant. The court may have property opened or entered and the contents examined.
(2) Seizure of property as evidence of a crime does not preclude seizure of the property for forfeiture as authorized by law.
NEW SECTION. Sec. 203. A new section is added to chapter 77.15 RCW to read as follows:
(1) Upon a showing of probable cause that a water body or property has an invasive species in or on it, and the owner refuses permission to allow inspection of the water body or property, a court in the county in which the water body or property is located may, upon the request of the director or the director's designee, issue a warrant to the director or the director's designee authorizing the taking of specimens of invasive species, general inspection of the property or water body, and the performance of containment, eradication, or control work.
(2) Application for issuance, execution, and return of the warrant authorized by this section must be in accordance with the applicable rules of the superior courts or the district courts.
Sec. 204. RCW 77.15.160 and 2013 c 307 s 2 are each amended to read as follows:
The following acts are infractions and must be cited and punished as provided under chapter 7.84 RCW:
(1) Fishing and shellfishing infractions:
(a) Barbed hooks: Fishing for personal use with barbed hooks in violation of any department rule.
(b) Catch recording: Failing to immediately record a catch of fish or shellfish on a catch record card as required by RCW 77.32.430 or department rule.
(c) Catch reporting: Failing to return a catch record card to the department for other than Puget Sound Dungeness crab, as required by department rule.
(d) Recreational fishing: Fishing for fish or shellfish and, without yet possessing fish or shellfish, the person:
(i) Owns, but fails to have in the person's possession the license or the catch record card required by chapter 77.32 RCW for such an activity; or
(ii) Violates any department rule regarding seasons, closed areas, closed times, or any other rule addressing the manner or method of fishing for fish or shellfish. This subsection does not apply to use of a net to take fish under RCW 77.15.580 or the unlawful use of shellfish gear for personal use under RCW 77.15.382.
(e) Seaweed: Taking, possessing, or harvesting less than two times the daily possession limit of seaweed:
(i) While owning, but not having in the person's possession, the license required by chapter 77.32 RCW; or
(ii) In violation of any rule of the department or the department of natural resources regarding seasons, closed areas, closed times, or any other rule addressing the manner or method of taking, possessing, or harvesting of seaweed.
(f) Unclassified fish or shellfish: Taking unclassified fish or shellfish in violation of any department rule by killing, fishing, taking, holding, possessing, or maliciously injuring or harming fish or shellfish that is not classified as game fish, food fish, shellfish, protected fish, or endangered fish.
(g) Wasting fish or shellfish: Killing, taking, or possessing fish or shellfish having a value of less than two hundred fifty dollars and allowing the fish or shellfish to be wasted.
(2) Hunting infractions:
(a) Eggs or nests: Maliciously, and without permit authorization, destroying, taking, or harming the eggs or active nests of a wild bird not classified as endangered or protected. For purposes of this subsection, "active nests" means nests that contain eggs or fledglings.
(b) Unclassified wildlife: Taking unclassified wildlife in violation of any department rule by killing, hunting, taking, holding, possessing, or maliciously injuring or harming wildlife that is not classified as big game, game animals, game birds, protected wildlife, or endangered wildlife.
(c) Wasting wildlife: Killing, taking, or possessing wildlife that is not classified as big game and has a value of less than two hundred fifty dollars, and allowing the wildlife to be wasted.
(d) Wild animals: Hunting for wild animals not classified as big game and, without yet possessing the wild animals, the person owns, but fails to have in the person's possession, all licenses, tags, or permits required by this title.
(e) Wild birds: Hunting for and, without yet possessing a wild bird or birds, the person:
(i) Owns, but fails to have in the person's possession, all licenses, tags, stamps, and permits required under this title; or
(ii) Violates any department rule regarding seasons, closed areas, closed times, or any other rule addressing the manner or method of hunting wild birds.
(3) Trapping, taxidermy, fur dealing, and wildlife meat cutting infractions:
(a) Recordkeeping and reporting: If a person is a taxidermist, fur dealer, or wildlife meat cutter who is processing, holding, or storing wildlife for commercial purposes, failing to:
(i) Maintain records as required by department rule; or
(ii) Report information from these records as required by department rule.
(b) Trapper's report: Failing to report trapping activity as required by department rule.
(4) ((Aquatic invasive species
infraction: Entering Washington by road and transporting a recreational or
commercial watercraft that has been used outside of Washington without meeting
documentation requirements as provided under RCW 77.12.879.)) (a)
Invasive species management infractions:
(i) Out-of-state certification: Entering Washington in
possession of an aquatic conveyance that does not meet certificate of
inspection requirements as provided under section 112 of this act;
(ii) Clean and drain requirements: Possessing an aquatic
conveyance that does not meet clean and drain requirements under section 113 of
this act;
(iii) Clean and drain orders: Possessing an aquatic
conveyance and failing to obey a clean and drain order under section 113 or 114
of this act; and
(iv) Transporting aquatic plants: Transporting aquatic
plants on any state or public road, including forest roads. However, this
subsection does not apply to plants that are:
(A) Being transported to the department or to another
destination designated by the director, in a manner designated by the
department, for purposes of identifying a species or reporting the presence of
a species;
(B) Legally obtained for aquarium use, wetland or lakeshore
restoration, or ornamental purposes;
(C) Located within or on a commercial aquatic plant
harvester that is being transported to a suitable location to remove aquatic
plants;
(D) Being transported in a manner that prevents their
unintentional dispersal, to a suitable location for disposal, research, or
educational purposes; or
(E) Being transported in such a way as the commission may
otherwise prescribe.
(b) Unless the context clearly requires otherwise, the
definitions in both RCW 77.08.010 and section 102 of this act apply throughout
this subsection (4).
(5) Other infractions:
(a) Contests: Conducting, holding, or sponsoring a hunting contest, a fishing contest involving game fish, or a competitive field trial using live wildlife.
(b) Other rules: Violating any other department rule that is designated by rule as an infraction.
(c) Posting signs: Posting signs preventing hunting or fishing on any land not owned or leased by the person doing the posting, or without the permission of the person who owns, leases, or controls the land posted.
(d) Scientific permits: Using a scientific permit issued by the director for fish, shellfish, or wildlife, but not including big game or big game parts, and the person:
(i) Violates any terms or conditions of the scientific permit; or
(ii) Violates any department rule applicable to the issuance or use of scientific permits.
(((e) Transporting aquatic
plants: Transporting aquatic plants on any state or public road, including
forest roads. However:
(i) This subsection does not apply to plants that are:
(A) Being transported to the department or to another
destination designated by the director, in a manner designated by the
department, for purposes of identifying a species or reporting the presence of
a species;
(B) Legally obtained for aquarium use, wetland or lakeshore
restoration, or ornamental purposes;
(C) Located within or on a commercial aquatic plant
harvester that is being transported to a suitable location to remove aquatic
plants;
(D) Being transported in a manner that prevents their
unintentional dispersal, to a suitable location for disposal, research, or
educational purposes; or
(E) Being transported in such a way as the commission may
otherwise prescribe; and
(ii) This subsection does not apply to a person who:
(A) Is stopped at an aquatic invasive species check station and
possesses a recreational or commercial watercraft that is contaminated with an
aquatic invasive plant species if that person complies with all department
directives for the proper decontamination of the watercraft and equipment; or
(B) Has voluntarily submitted a recreational or commercial
watercraft for inspection by the department or its designee and has received a
receipt verifying that the watercraft has not been contaminated since its last
use.))
NEW SECTION. Sec. 205. A new section is added to chapter 77.15 RCW to read as follows:
(1) A person is guilty of unlawful use of invasive species in the second degree if the person:
(a) Fails to stop at a mandatory check station or to return to the mandatory check station for inspection if directed to do so by a fish and wildlife officer or ex officio fish and wildlife officer;
(b) Fails to allow an aquatic conveyance stopped at a mandatory check station to be inspected for clean and drain requirements or aquatic invasive species;
(c) Fails to comply with a decontamination order;
(d) Possesses, except in the case of trafficking, a prohibited level 1 or level 2 species without department authorization, a permit, or as otherwise provided by rule;
(e) Possesses, introduces on or into a water body or property, or traffics in a prohibited level 3 species without department authorization, a permit, or as otherwise provided by rule;
(f) Introduces on or into a water body or property a regulated type A, type B, or type C species without department authorization, a permit, or as otherwise provided by rule;
(g) Fails to readily and clearly identify in writing by taxonomic species name or subspecies name a regulated type B species used for commercial purposes; or
(h) Knowingly violates a quarantine declaration under section 107 of this act.
(2) A violation of subsection (1) of this section is a gross misdemeanor. In addition to criminal penalties, a court may order the person to pay all costs in capturing, killing, or controlling the invasive species, including its progeny. This subsection does not affect the authority of the department to bring a separate civil action to recover habitat restoration costs necessitated by the person's unlawful use of invasive species.
(3) This section does not apply to:
(a) A person who complies with the department directives pursuant to section 114 of this act for mandatory check stations. Such a person is exempt from criminal penalties under this section or section 206 of this act, and forfeiture under this chapter, unless the person has a prior conviction under those sections within the past five years;
(b) A person who possesses an aquatic invasive species, if the person is in the process of:
(i) Removing it from the aquatic conveyance in a manner specified by the department; or
(ii) Releasing it if caught while fishing and immediately returning it to the water body from which it came;
(c) Possessing or introducing nonnative aquatic animal species by ballast water held or discharged by vessels regulated under chapter 77.120 RCW; or
(d) Possessing or introducing nonnative aquatic animal species through private sector shellfish aquaculture operations, transfers, or conveyances regulated under chapter 77.115 RCW.
(4) Unless the context clearly requires otherwise, the definitions in both RCW 77.08.010 and section 102 of this act apply throughout this section.
NEW SECTION. Sec. 206. A new section is added to chapter 77.15 RCW to read as follows:
(1) A person is guilty of unlawful use of invasive species in the first degree if the person:
(a) Traffics or introduces on or into a water body or property a prohibited level 1 or level 2 species without department authorization, a permit, or as otherwise provided by rule; or
(b) Commits a subsequent violation of unlawful use of invasive species in the second degree within five years of the date of a prior conviction under section 205 of this act.
(2) A violation of this section is a class C felony. In addition to criminal penalties, a court may order the person to pay all costs in managing the invasive species, including the species' progeny. This subsection does not affect the authority of the department to bring a separate civil action to recover habitat restoration costs necessitated by the person's unlawful use of invasive species.
(3) This section does not apply to:
(a) A person who complies with department directives pursuant to section 114 of this act for mandatory check stations, and who is exempt from criminal penalties under this section and forfeiture under this chapter, unless the person has a prior conviction under this section or section 205 of this act within the past five years; or
(b) A person who possesses an aquatic invasive species, if the person is in the process of:
(i) Removing it from the aquatic conveyance in a manner specified by the department; or
(ii) Releasing it if caught while fishing and is immediately returning it to the water body from which it came.
(4) Unless the context clearly requires otherwise, the definitions in both RCW 77.08.010 and section 102 of this act apply throughout this section.
PART 3
INVASIVE SPECIES--OTHER PROVISIONS
Sec. 301. RCW 77.08.010 and 2012 c 176 s 4 are each reenacted and amended to read as follows:
The definitions in this section apply throughout this title or rules adopted under this title unless the context clearly requires otherwise.
(1) "Anadromous game fish buyer" means a person who purchases or sells steelhead trout and other anadromous game fish harvested by Indian fishers lawfully exercising fishing rights reserved by federal statute, treaty, or executive order, under conditions prescribed by rule of the director.
(2) "Angling gear" means a line attached to a rod and reel capable of being held in hand while landing the fish or a hand-held line operated without rod or reel.
(3) (("Aquatic invasive
species" means any invasive, prohibited, regulated, unregulated, or
unlisted aquatic animal or plant species as defined under subsections (4),
(34), (49), (53), (70), and (71) of this section, aquatic noxious weeds as
defined under RCW 17.26.020(5)(c), and aquatic nuisance species as defined
under RCW 77.60.130(1).
(4) "Aquatic plant species" means an emergent,
submersed, partially submersed, free-floating, or floating-leaving plant
species that grows in or near a body of water or wetland.
(5))) "Bag limit" means the maximum number of
game animals, game birds, or game fish which may be taken, caught, killed, or
possessed by a person, as specified by rule of the commission for a particular
period of time, or as to size, sex, or species.
(((6))) (4)
"Building" means a private domicile, garage, barn, or public or
commercial building.
(((7))) (5)
"Closed area" means a place where the hunting of some or all species
of wild animals or wild birds is prohibited.
(((8))) (6)
"Closed season" means all times, manners of taking, and places or
waters other than those established by rule of the commission as an open
season. "Closed season" also means all hunting, fishing, taking, or
possession of game animals, game birds, game fish, food fish, or shellfish that
do not conform to the special restrictions or physical descriptions established
by rule of the commission as an open season or that have not otherwise been
deemed legal to hunt, fish, take, harvest, or possess by rule of the commission
as an open season.
(((9))) (7)
"Closed waters" means all or part of a lake, river, stream, or other
body of water, where fishing or harvesting is prohibited.
(((10))) (8)
"Commercial" means related to or connected with buying, selling, or
bartering.
(((11))) (9)
"Commission" means the state fish and wildlife commission.
(((12))) (10)
"Concurrent waters of the Columbia river" means those waters of the
Columbia river that coincide with the Washington-Oregon state boundary.
(((13))) (11)
"Contraband" means any property that is unlawful to produce or
possess.
(((14))) (12)
"Deleterious exotic wildlife" means species of the animal kingdom not
native to Washington and designated as dangerous to the environment or wildlife
of the state.
(((15))) (13)
"Department" means the department of fish and wildlife.
(((16))) (14)
"Director" means the director of fish and wildlife.
(((17))) (15)
"Endangered species" means wildlife designated by the commission as
seriously threatened with extinction.
(((18))) (16) "Ex
officio fish and wildlife officer" means:
(a) A commissioned officer of a municipal, county, or state agency having as its primary function the enforcement of criminal laws in general, while the officer is acting in the respective jurisdiction of that agency;
(b) An officer or special agent commissioned by one of the following: The national marine fisheries service; the Washington state parks and recreation commission; the United States fish and wildlife service; the Washington state department of natural resources; the United States forest service; or the United States parks service, if the agent or officer is in the respective jurisdiction of the primary commissioning agency and is acting under a mutual law enforcement assistance agreement between the department and the primary commissioning agency;
(c) A commissioned fish and wildlife peace officer from another state who meets the training standards set by the Washington state criminal justice training commission pursuant to RCW 10.93.090, 43.101.080, and 43.101.200, and who is acting under a mutual law enforcement assistance agreement between the department and the primary commissioning agency; or
(d) A Washington state tribal police officer who successfully completes the requirements set forth under RCW 43.101.157, is employed by a tribal nation that has complied with RCW 10.92.020(2) (a) and (b), and is acting under a mutual law enforcement assistance agreement between the department and the tribal government.
(((19))) (17)
"Fish" includes all species classified as game fish or food fish by
statute or rule, as well as all fin fish not currently classified as food fish
or game fish if such species exist in state waters. The term "fish"
includes all stages of development and the bodily parts of fish species.
(((20))) (18)
"Fish and wildlife officer" means a person appointed and commissioned
by the director, with authority to enforce this title and rules adopted
pursuant to this title, and other statutes as prescribed by the legislature.
Fish and wildlife officer includes a person commissioned before June 11, 1998,
as a wildlife agent or a fisheries patrol officer.
(((21))) (19)
"Fish broker" means a person whose business it is to bring a seller
of fish and shellfish and a purchaser of those fish and shellfish together.
(((22))) (20)
"Fish buyer" means a person engaged by a wholesale fish dealer to
purchase food fish or shellfish from a licensed commercial fisher.
(((23))) (21)
"Fishery" means the taking of one or more particular species of fish
or shellfish with particular gear in a particular geographical area.
(((24))) (22)
"Food, food waste, or other substance" includes human and pet food or
other waste or garbage that could attract large wild carnivores.
(((25))) (23)
"Freshwater" means all waters not defined as saltwater including, but
not limited to, rivers upstream of the river mouth, lakes, ponds, and
reservoirs.
(((26))) (24)
"Fur-bearing animals" means game animals that shall not be trapped
except as authorized by the commission.
(((27))) (25)
"Fur dealer" means a person who purchases, receives, or resells raw
furs for commercial purposes.
(((28))) (26)
"Game animals" means wild animals that shall not be hunted except as
authorized by the commission.
(((29))) (27)
"Game birds" means wild birds that shall not be hunted except as
authorized by the commission.
(((30))) (28)
"Game farm" means property on which wildlife is held, confined,
propagated, hatched, fed, or otherwise raised for commercial purposes, trade,
or gift. The term "game farm" does not include publicly owned
facilities.
(((31))) (29)
"Game reserve" means a closed area where hunting for all wild animals
and wild birds is prohibited.
(((32))) (30)
"Illegal items" means those items unlawful to be possessed.
(((33))) (31)(a)
"Intentionally feed, attempt to feed, or attract" means to
purposefully or knowingly provide, leave, or place in, on, or about any land or
building any food, food waste, or other substance that attracts or could
attract large wild carnivores to that land or building.
(b) "Intentionally feed, attempt to feed, or attract" does not include keeping food, food waste, or other substance in an enclosed garbage receptacle or other enclosed container unless specifically directed by a fish and wildlife officer or animal control authority to secure the receptacle or container in another manner.
(((34) "Invasive
species" means a plant species or a nonnative animal species that either:
(a) Causes or may cause displacement of, or otherwise
threatens, native species in their natural communities;
(b) Threatens or may threaten natural resources or their use
in the state;
(c) Causes or may cause economic damage to commercial or
recreational activities that are dependent upon state waters; or
(d) Threatens or harms human health.
(35))) (32) "Large wild carnivore"
includes wild bear, cougar, and wolf.
(((36))) (33)
"License year" means the period of time for which a recreational
license is valid. The license year begins April 1st, and ends March 31st.
(((37))) (34)
"Limited-entry license" means a license subject to a license
limitation program established in chapter 77.70 RCW.
(((38))) (35)
"Money" means all currency, script, personal checks, money orders, or
other negotiable instruments.
(((39))) (36)
"Natural person" means a human being.
(((40))) (37)(a)
"Negligently feed, attempt to feed, or attract" means to provide,
leave, or place in, on, or about any land or building any food, food waste, or
other substance that attracts or could attract large wild carnivores to that
land or building, without the awareness that a reasonable person in the same
situation would have with regard to the likelihood that the food, food waste,
or other substance could attract large wild carnivores to the land or building.
(b) "Negligently feed, attempt to feed, or attract" does not include keeping food, food waste, or other substance in an enclosed garbage receptacle or other enclosed container unless specifically directed by a fish and wildlife officer or animal control authority to secure the receptacle or container in another manner.
(((41))) (38)
"Nonresident" means a person who has not fulfilled the qualifications
of a resident.
(((42))) (39)
"Offshore waters" means marine waters of the Pacific Ocean outside
the territorial boundaries of the state, including the marine waters of other
states and countries.
(((43))) (40)
"Open season" means those times, manners of taking, and places or
waters established by rule of the commission for the lawful hunting, fishing,
taking, or possession of game animals, game birds, game fish, food fish, or
shellfish that conform to the special restrictions or physical descriptions
established by rule of the commission or that have otherwise been deemed legal
to hunt, fish, take, harvest, or possess by rule of the commission. "Open
season" includes the first and last days of the established time.
(((44))) (41)
"Owner" means the person in whom is vested the ownership dominion, or
title of the property.
(((45))) (42)
"Person" means and includes an individual; a corporation; a public or
private entity or organization; a local, state, or federal agency; all business
organizations, including corporations and partnerships; or a group of two or
more individuals acting with a common purpose whether acting in an individual,
representative, or official capacity.
(((46))) (43)
"Personal property" or "property" includes both corporeal
and incorporeal personal property and includes, among other property,
contraband and money.
(((47))) (44)
"Personal use" means for the private use of the individual taking the
fish or shellfish and not for sale or barter.
(((48))) (45)
"Predatory birds" means wild birds that may be hunted throughout the
year as authorized by the commission.
(((49) "Prohibited aquatic
animal species" means an invasive species of the animal kingdom that has
been classified as a prohibited aquatic animal species by the commission.
(50))) (46) "Protected wildlife" means
wildlife designated by the commission that shall not be hunted or fished.
(((51))) (47)
"Raffle" means an activity in which tickets bearing an individual
number are sold for not more than twenty-five dollars each and in which a
permit or permits are awarded to hunt or for access to hunt big game animals or
wild turkeys on the basis of a drawing from the tickets by the person or
persons conducting the raffle.
(((52) "Recreational and
commercial watercraft" includes the boat, as well as equipment used to
transport the boat, and any auxiliary equipment such as attached or detached
outboard motors.
(53) "Regulated aquatic animal species" means a
potentially invasive species of the animal kingdom that has been classified as
a regulated aquatic animal species by the commission.
(54))) (48) "Resident" has the same
meaning as defined in RCW 77.08.075.
(((55))) (49)
"Retail-eligible species" means commercially harvested salmon, crab,
and sturgeon.
(((56))) (50)
"Saltwater" means those marine waters seaward of river mouths.
(((57))) (51)
"Seaweed" means marine aquatic plant species that are dependent upon
the marine aquatic or tidal environment, and exist in either an attached or
free floating form, and includes but is not limited to marine aquatic plants in
the classes Chlorophyta, Phaeophyta, and Rhodophyta.
(((58))) (52)
"Senior" means a person seventy years old or older.
(((59))) (53)
"Shark fin" means a raw, dried, or otherwise processed detached fin
or tail of a shark.
(((60))) (54)(a)
"Shark fin derivative product" means any product intended for use by
humans or animals that is derived in whole or in part from shark fins or shark
fin cartilage.
(b) "Shark fin derivative product" does not include a drug approved by the United States food and drug administration and available by prescription only or medical device or vaccine approved by the United States food and drug administration.
(((61))) (55)
"Shellfish" means those species of marine and freshwater
invertebrates that have been classified and that shall not be taken except as
authorized by rule of the commission. The term "shellfish" includes
all stages of development and the bodily parts of shellfish species.
(((62))) (56)
"State waters" means all marine waters and fresh waters within
ordinary high water lines and within the territorial boundaries of the state.
(((63))) (57)
"Taxidermist" means a person who, for commercial purposes, creates
lifelike representations of fish and wildlife using fish and wildlife parts and
various supporting structures.
(((64))) (58)
"To fish," "to harvest," and "to take," and their
derivatives means an effort to kill, injure, harass, or catch a fish or
shellfish.
(((65))) (59)
"To hunt" and its derivatives means an effort to kill, injure,
capture, or harass a wild animal or wild bird.
(((66))) (60)
"To process" and its derivatives mean preparing or preserving fish,
wildlife, or shellfish.
(((67))) (61)
"To trap" and its derivatives means a method of hunting using devices
to capture wild animals or wild birds.
(((68))) (62) "Trafficking"
means offering, attempting to engage, or engaging in sale, barter, or purchase
of fish, shellfish, wildlife, or deleterious exotic wildlife.
(((69))) (63)
"Unclaimed" means that no owner of the property has been identified
or has requested, in writing, the release of the property to themselves nor has
the owner of the property designated an individual to receive the property or
paid the required postage to effect delivery of the property.
(((70) "Unlisted aquatic
animal species" means a nonnative animal species that has not been
classified as a prohibited aquatic animal species, a regulated aquatic animal
species, or an unregulated aquatic animal species by the commission.
(71) "Unregulated aquatic animal species" means a
nonnative animal species that has been classified as an unregulated aquatic
animal species by the commission.
(72))) (64) "Wholesale fish dealer"
means a person who, acting for commercial purposes, takes possession or
ownership of fish or shellfish and sells, barters, or exchanges or attempts to
sell, barter, or exchange fish or shellfish that have been landed into the
state of Washington or entered the state of Washington in interstate or foreign
commerce.
(((73))) (65)
"Wild animals" means those species of the class Mammalia whose
members exist in Washington in a wild state. The term "wild animal"
does not include feral domestic mammals or old world rats and mice of the
family Muridae of the order Rodentia.
(((74))) (66)
"Wild birds" means those species of the class Aves whose members
exist in Washington in a wild state.
(((75))) (67)
"Wildlife" means all species of the animal kingdom whose members
exist in Washington in a wild state. This includes but is not limited to
mammals, birds, reptiles, amphibians, fish, and invertebrates. The term
"wildlife" does not include feral domestic mammals, old world rats
and mice of the family Muridae of the order Rodentia, or those fish, shellfish,
and marine invertebrates classified as food fish or shellfish by the director.
The term "wildlife" includes all stages of development and the bodily
parts of wildlife members.
(((76))) (68)
"Wildlife meat cutter" means a person who packs, cuts, processes, or
stores wildlife for consumption for another for commercial purposes.
(((77))) (69)
"Youth" means a person fifteen years old for fishing and under
sixteen years old for hunting.
Sec. 302. RCW 77.12.020 and 2002 c 281 s 3 are each amended to read as follows:
(1) The director shall investigate the habits and distribution of the various species of wildlife native to or adaptable to the habitats of the state. The commission shall determine whether a species should be managed by the department and, if so, classify it under this section.
(2) The commission may classify by rule wild animals as game animals and game animals as fur-bearing animals.
(3) The commission may classify by rule wild birds as game birds or predatory birds. All wild birds not otherwise classified are protected wildlife.
(4) In addition to those species listed in RCW 77.08.020, the commission may classify by rule as game fish other species of the class Osteichthyes that are commonly found in freshwater except those classified as food fish by the director.
(5) The director may recommend to the commission that a species of wildlife should not be hunted or fished. The commission may designate species of wildlife as protected.
(6) If the director determines that a species of wildlife is seriously threatened with extinction in the state of Washington, the director may request its designation as an endangered species. The commission may designate an endangered species.
(7) If the director determines that a species of the animal kingdom, not native to Washington, is dangerous to the environment or wildlife of the state, the director may request its designation as deleterious exotic wildlife. The commission may designate deleterious exotic wildlife.
(8) ((Upon recommendation by the
director, the commission may classify nonnative aquatic animal species
according to the following categories:
(a) Prohibited aquatic animal species: These species are
considered by the commission to have a high risk of becoming an invasive
species and may not be possessed, imported, purchased, sold, propagated,
transported, or released into state waters except as provided in RCW 77.15.253;
(b) Regulated aquatic animal species: These species are
considered by the commission to have some beneficial use along with a moderate,
but manageable risk of becoming an invasive species, and may not be released
into state waters, except as provided in RCW 77.15.253. The commission shall
classify the following commercial aquaculture species as regulated aquatic
animal species, and allow their release into state waters pursuant to rule of
the commission: Pacific oyster (Crassostrea gigas), kumamoto oyster (Crassostrea
sikamea), European flat oyster (Ostrea edulis), eastern oyster (Crassostrea
virginica), manila clam (Tapes philippinarum), blue mussel (Mytilus
galloprovincialis), and suminoe oyster (Crassostrea ariankenisis);
(c) Unregulated aquatic animal species: These species are
considered by the commission as having some beneficial use along with a low
risk of becoming an invasive species, and are not subject to regulation under
this title;
(d) Unlisted aquatic animal species: These species are not
designated as a prohibited aquatic animal species, regulated aquatic animal
species, or unregulated aquatic animal species by the commission, and may not
be released into state waters. Upon request, the commission may determine the
appropriate category for an unlisted aquatic animal species and classify the
species accordingly;
(e) This subsection (8) does not apply to the transportation
or release of nonnative aquatic animal species by ballast water or ballast
water discharge.
(9))) Upon recommendation by the director, the
commission may develop a work plan to eradicate native aquatic species that
threaten human health. Priority shall be given to water bodies that the
department of health has classified as representing a threat to human health
based on the presence of a native aquatic species.
Sec. 303. RCW 77.15.080 and 2012 c 176 s 9 are each amended to read as follows:
(((1))) Based upon
articulable facts that a person is engaged in fishing, harvesting, or hunting
activities, fish and wildlife officers and ex officio fish and wildlife
officers have the authority to temporarily stop the person and check for valid
licenses, tags, permits, stamps, or catch record cards, and to inspect all
fish, shellfish, seaweed, and wildlife in possession as well as the equipment
being used to ensure compliance with the requirements of this title. Fish and
wildlife officers and ex officio fish and wildlife officers also may request
that the person write his or her signature for comparison with the signature on
his or her fishing, harvesting, or hunting license. Failure to comply with the
request is prima facie evidence that the person is not the person named on the
license. Fish and wildlife officers may require the person, if age sixteen or
older, to exhibit a driver's license or other photo identification.
(((2) Based upon articulable
facts that a person is transporting a prohibited aquatic animal species or any
aquatic plant, fish and wildlife officers and ex officio fish and wildlife
officers have the authority to temporarily stop the person and inspect the
watercraft to ensure that the watercraft and associated equipment are not
transporting prohibited aquatic animal species or aquatic plants.))
Sec. 304. RCW 77.15.290 and 2012 c 176 s 21 are each amended to read as follows:
(1) A person is guilty of unlawful transportation of fish or wildlife in the second degree if the person:
(a) Knowingly imports, moves within the state, or exports fish, shellfish, or wildlife in violation of any department rule governing the transportation or movement of fish, shellfish, or wildlife and the transportation does not involve big game, endangered fish or wildlife, deleterious exotic wildlife, or fish, shellfish, or wildlife having a value greater than two hundred fifty dollars; or
(b) Possesses but fails to affix or notch a big game transport tag as required by department rule.
(2) A person is guilty of unlawful transportation of fish or wildlife in the first degree if the person:
(a) Knowingly imports, moves within the state, or exports fish, shellfish, or wildlife in violation of any department rule governing the transportation or movement of fish, shellfish, or wildlife and the transportation involves big game, endangered fish or wildlife, deleterious exotic wildlife, or fish, shellfish, or wildlife with a value of two hundred fifty dollars or more; or
(b) Knowingly transports shellfish, shellstock, or equipment used in commercial culturing, taking, handling, or processing shellfish without a permit required by authority of this title.
(3)(a) Unlawful transportation of fish or wildlife in the second degree is a misdemeanor.
(b) Unlawful transportation of fish or wildlife in the first degree is a gross misdemeanor.
(4) This section does not apply
to((: (a) Any person stopped at an aquatic)) invasive species ((check
station who possesses a recreational or commercial watercraft that is
contaminated with an aquatic invasive species if that person complies with all
department directives for the proper decontamination of the watercraft and
equipment; or (b) any person who has voluntarily submitted a recreational or
commercial watercraft for inspection by the department or its designee and has
received a receipt verifying that the watercraft has not been contaminated
since its last use)).
Sec. 305. RCW 43.06.010 and 1994 c 223 s 3 are each amended to read as follows:
In addition to those prescribed by the Constitution, the governor may exercise the powers and perform the duties prescribed in this and the following sections:
(1) The governor shall supervise the conduct of all executive and ministerial offices;
(2) The governor shall see that all offices are filled, including as provided in RCW 42.12.070, and the duties thereof performed, or in default thereof, apply such remedy as the law allows; and if the remedy is imperfect, acquaint the legislature therewith at its next session;
(3) The governor shall make the appointments and supply the vacancies mentioned in this title;
(4) The governor is the sole official organ of communication between the government of this state and the government of any other state or territory, or of the United States;
(5) Whenever any suit or legal proceeding is pending against this state, or which may affect the title of this state to any property, or which may result in any claim against the state, the governor may direct the attorney general to appear on behalf of the state, and report the same to the governor, or to any grand jury designated by the governor, or to the legislature when next in session;
(6) The governor may require the attorney general or any prosecuting attorney to inquire into the affairs or management of any corporation existing under the laws of this state, or doing business in this state, and report the same to the governor, or to any grand jury designated by the governor, or to the legislature when next in session;
(7) The governor may require the attorney general to aid any prosecuting attorney in the discharge of the prosecutor's duties;
(8) The governor may offer rewards, not exceeding one thousand dollars in each case, payable out of the state treasury, for information leading to the apprehension of any person convicted of a felony who has escaped from a state correctional institution or for information leading to the arrest of any person who has committed or is charged with the commission of a felony;
(9) The governor shall perform such duties respecting fugitives from justice as are prescribed by law;
(10) The governor shall issue and transmit election proclamations as prescribed by law;
(11) The governor may require any officer or board to make, upon demand, special reports to the governor, in writing;
(12) The governor may, after finding that a public disorder, disaster, energy emergency, or riot exists within this state or any part thereof which affects life, health, property, or the public peace, proclaim a state of emergency in the area affected, and the powers granted the governor during a state of emergency shall be effective only within the area described in the proclamation;
(13) The governor may, after finding that there exists within this state an imminent danger of infestation of plant pests as defined in RCW 17.24.007 or plant diseases which seriously endangers the agricultural or horticultural industries of the state of Washington, or which seriously threatens life, health, or economic well-being, order emergency measures to prevent or abate the infestation or disease situation, which measures, after thorough evaluation of all other alternatives, may include the aerial application of pesticides;
(14) The governor, after finding
that a prohibited level 1 or level 2 species as defined in chapter 77.-- RCW
(the new chapter created in section 121 of this act) has been detected and
after finding that the detected species seriously endangers or threatens the
environment, economy, human health, or well-being of the state of Washington,
may order emergency measures to prevent or abate the prohibited species, which
measures, after thorough evaluation of all other alternatives, may include the
surface or aerial application of pesticides;
(15) On all compacts forwarded to the governor pursuant
to RCW 9.46.360(6), the governor is authorized and empowered to execute on
behalf of the state compacts with federally recognized Indian tribes in the
state of Washington pursuant to the federal Indian Gaming Regulatory Act, 25
U.S.C. Sec. 2701 et seq., for conducting class III gaming, as defined in the
Act, on Indian lands.
Sec. 306. RCW 43.43.400 and 2011 c 171 s 8 are each amended to read as follows:
(1) ((The definitions in this
subsection apply throughout this section unless the context clearly requires
otherwise:
(a) "Aquatic invasive species" means any invasive,
prohibited, regulated, unregulated, or unlisted aquatic animal or plant species
as defined under RCW 77.08.010 [(3),] (28), (40), (44), (58), and (59), aquatic
noxious weeds as defined under RCW 17.26.020(5)(c), and aquatic nuisance
species as defined under RCW 77.60.130(1).
(b) "Recreational and commercial watercraft"
includes the boat, as well as equipment used to transport the boat, and any
auxiliary equipment such as attached or detached outboard motors.
(2))) The aquatic invasive species enforcement account
is created in the state treasury. Moneys directed to the account from RCW
88.02.640 must be deposited in the account. Expenditures from the account may
only be used as provided in this section. Moneys in the account may be spent
only after appropriation.
(((3) Funds in the aquatic
invasive species enforcement account may be appropriated to the Washington
state patrol and the department of fish and wildlife to develop an aquatic
invasive species enforcement program for recreational and commercial
watercraft, which includes equipment used to transport the watercraft and
auxiliary equipment such as attached or detached outboard motors. Funds must
be expended as follows:
(a) By the Washington state patrol, to inspect recreational
and commercial watercraft that are required to stop at port of entry weigh
stations managed by the Washington state patrol. The watercraft must be
inspected for the presence of aquatic invasive species; and
(b) By the department of fish and wildlife to:
(i) Establish random check stations, to inspect recreational
and commercial watercraft as provided for in RCW 77.12.879(3);
(ii) Inspect or delegate inspection of recreational and
commercial watercraft. If the department conducts the inspection, there will
be no cost to the person requesting the inspection;
(iii) Provide training to all department employees that are
deployed in the field to inspect recreational and commercial watercraft; and
(iv) Provide an inspection receipt verifying that the
watercraft is not contaminated after the watercraft has been inspected at a
check station or has been inspected at the request of the owner of the
recreational or commercial watercraft. The inspection receipt is valid until
the watercraft is used again.
(4) The Washington state patrol and the department of fish
and wildlife shall submit a biennial report to the appropriate legislative
committees describing the actions taken to implement this section along with
suggestions on how to better fulfill the intent of chapter 464, Laws of 2005.
The first report is due December 1, 2007.))
(2) Expenditures from the
account by the Washington state patrol may only be used to inspect for the
presence of aquatic invasive species on aquatic conveyances that are required
to stop at a Washington state patrol port of entry weigh station.
(3) Expenditures from the account by the department of fish
and wildlife may only be used to develop and implement an aquatic invasive
species enforcement program including enforcement of chapter 77.-- RCW (the new
chapter created in section 121 of this act), enforcement of aquatic invasive
species provisions in chapter 77.15 RCW, and training Washington state patrol
employees working at port of entry weigh stations on how to inspect aquatic
conveyances for the presence of aquatic invasive species.
(4) Unless the context clearly requires otherwise, the definitions
in both RCW 77.08.010 and section 102 of this act apply throughout this
section.
Sec. 307. RCW 10.31.100 and 2013 2nd sp.s. c 35 s 22 are each amended to read as follows:
A police officer having probable cause to believe that a person has committed or is committing a felony shall have the authority to arrest the person without a warrant. A police officer may arrest a person without a warrant for committing a misdemeanor or gross misdemeanor only when the offense is committed in the presence of the officer, except as provided in subsections (1) through (11) of this section.
(1) Any police officer having probable cause to believe that a person has committed or is committing a misdemeanor or gross misdemeanor, involving physical harm or threats of harm to any person or property or the unlawful taking of property or involving the use or possession of cannabis, or involving the acquisition, possession, or consumption of alcohol by a person under the age of twenty-one years under RCW 66.44.270, or involving criminal trespass under RCW 9A.52.070 or 9A.52.080, shall have the authority to arrest the person.
(2) A police officer shall arrest and take into custody, pending release on bail, personal recognizance, or court order, a person without a warrant when the officer has probable cause to believe that:
(a) An order has been issued of which the person has knowledge under RCW 26.44.063, or chapter 7.92, 7.90, 9A.46, 10.99, 26.09, 26.10, 26.26, 26.50, or 74.34 RCW restraining the person and the person has violated the terms of the order restraining the person from acts or threats of violence, or restraining the person from going onto the grounds of or entering a residence, workplace, school, or day care, or prohibiting the person from knowingly coming within, or knowingly remaining within, a specified distance of a location or, in the case of an order issued under RCW 26.44.063, imposing any other restrictions or conditions upon the person; or
(b) A foreign protection order, as defined in RCW 26.52.010, has been issued of which the person under restraint has knowledge and the person under restraint has violated a provision of the foreign protection order prohibiting the person under restraint from contacting or communicating with another person, or excluding the person under restraint from a residence, workplace, school, or day care, or prohibiting the person from knowingly coming within, or knowingly remaining within, a specified distance of a location, or a violation of any provision for which the foreign protection order specifically indicates that a violation will be a crime; or
(c) The person is sixteen years or older and within the preceding four hours has assaulted a family or household member as defined in RCW 10.99.020 and the officer believes: (i) A felonious assault has occurred; (ii) an assault has occurred which has resulted in bodily injury to the victim, whether the injury is observable by the responding officer or not; or (iii) that any physical action has occurred which was intended to cause another person reasonably to fear imminent serious bodily injury or death. Bodily injury means physical pain, illness, or an impairment of physical condition. When the officer has probable cause to believe that family or household members have assaulted each other, the officer is not required to arrest both persons. The officer shall arrest the person whom the officer believes to be the primary physical aggressor. In making this determination, the officer shall make every reasonable effort to consider: (i) The intent to protect victims of domestic violence under RCW 10.99.010; (ii) the comparative extent of injuries inflicted or serious threats creating fear of physical injury; and (iii) the history of domestic violence of each person involved, including whether the conduct was part of an ongoing pattern of abuse; or
(d) The person has violated RCW 46.61.502 or 46.61.504 or an equivalent local ordinance and the police officer has knowledge that the person has a prior offense as defined in RCW 46.61.5055 within ten years.
(3) Any police officer having probable cause to believe that a person has committed or is committing a violation of any of the following traffic laws shall have the authority to arrest the person:
(a) RCW 46.52.010, relating to duty on striking an unattended car or other property;
(b) RCW 46.52.020, relating to duty in case of injury to or death of a person or damage to an attended vehicle;
(c) RCW 46.61.500 or 46.61.530, relating to reckless driving or racing of vehicles;
(d) RCW 46.61.502 or 46.61.504, relating to persons under the influence of intoxicating liquor or drugs;
(e) RCW 46.61.503 or 46.25.110, relating to persons having alcohol or THC in their system;
(f) RCW 46.20.342, relating to driving a motor vehicle while operator's license is suspended or revoked;
(g) RCW 46.61.5249, relating to operating a motor vehicle in a negligent manner.
(4) A law enforcement officer investigating at the scene of a motor vehicle accident may arrest the driver of a motor vehicle involved in the accident if the officer has probable cause to believe that the driver has committed in connection with the accident a violation of any traffic law or regulation.
(5)(a) A law enforcement officer investigating at the scene of a motor vessel accident may arrest the operator of a motor vessel involved in the accident if the officer has probable cause to believe that the operator has committed, in connection with the accident, a criminal violation of chapter 79A.60 RCW.
(b) A law enforcement officer investigating at the scene of a motor vessel accident may issue a citation for an infraction to the operator of a motor vessel involved in the accident if the officer has probable cause to believe that the operator has committed, in connection with the accident, a violation of any boating safety law of chapter 79A.60 RCW.
(6) Any police officer having probable cause to believe that a person has committed or is committing a violation of RCW 79A.60.040 shall have the authority to arrest the person.
(7) An officer may act upon the request of a law enforcement officer in whose presence a traffic infraction was committed, to stop, detain, arrest, or issue a notice of traffic infraction to the driver who is believed to have committed the infraction. The request by the witnessing officer shall give an officer the authority to take appropriate action under the laws of the state of Washington.
(8) Any police officer having probable cause to believe that a person has committed or is committing any act of indecent exposure, as defined in RCW 9A.88.010, may arrest the person.
(9) A police officer may arrest and take into custody, pending release on bail, personal recognizance, or court order, a person without a warrant when the officer has probable cause to believe that an order has been issued of which the person has knowledge under chapter 10.14 RCW and the person has violated the terms of that order.
(10) Any police officer having probable cause to believe that a person has, within twenty-four hours of the alleged violation, committed a violation of RCW 9A.50.020 may arrest such person.
(11) A police officer having probable cause to believe that a person illegally possesses or illegally has possessed a firearm or other dangerous weapon on private or public elementary or secondary school premises shall have the authority to arrest the person.
For purposes of this subsection, the term "firearm" has the meaning defined in RCW 9.41.010 and the term "dangerous weapon" has the meaning defined in RCW 9.41.250 and 9.41.280(1) (c) through (e).
(12) A law enforcement officer
having probable cause to believe that a person has committed a violation under
RCW 77.15.160(4) may issue a citation for an infraction to the person in
connection with the violation.
(13) A law enforcement officer having probable cause to believe
that a person has committed a criminal violation under section 205 or 206 of
this act may arrest the person in connection with the violation.
(14) Except as specifically provided in subsections (2),
(3), (4), and (7) of this section, nothing in this section extends or otherwise
affects the powers of arrest prescribed in Title 46 RCW.
(((13))) (15) No
police officer may be held criminally or civilly liable for making an arrest
pursuant to subsection (2) or (9) of this section if the police officer acts in
good faith and without malice.
Sec. 308. RCW 77.15.360 and 2007 c 337 s 3 are each amended to read as follows:
(1) A person is guilty of unlawful interfering in department operations if the person prevents department employees from carrying out duties authorized by this title, including but not limited to interfering:
(a) In the operation of department
vehicles, vessels, or aircraft; ((or))
(b) With the collection of samples
of tissue, fluids, or other bodily parts of fish, wildlife, and shellfish under
RCW 77.12.071; or
(c) With actions authorized by a warrant issued under
section 119 or 203 of this act.
(2) Unlawful interfering in department operations is a gross misdemeanor.
Sec. 309. RCW 77.12.879 and 2013 c 307 s 1 are each amended to read as follows:
(1) The aquatic invasive species
prevention account is created in the state treasury. ((Moneys directed to
the account from RCW 88.02.640(3)(a)(i) must be deposited in the account.
Expenditures from the account may only be used as provided in this section.
Moneys in the account may be spent only after appropriation.
(2) Funds in the aquatic invasive species prevention account
may be appropriated to the department to develop an aquatic invasive species
prevention program for recreational and commercial watercraft. Funds must be
expended as follows:
(a) To inspect recreational and commercial watercraft;
(b) To educate general law enforcement officers on how to
enforce state laws relating to preventing the spread of aquatic invasive
species;
(c) To evaluate and survey the risk posed by recreational
and commercial watercraft in spreading aquatic invasive species into Washington
state waters;
(d) To evaluate the risk posed by float planes in spreading
aquatic invasive species into Washington state waters; and
(e) To implement an aquatic invasive species early detection
and rapid response plan. The plan must address the treatment and immediate
response to the introduction to Washington waters of aquatic invasive species.
Agency and public review of the plan must be conducted under chapter 43.21C
RCW, the state environmental policy act. If the implementation measures or
actions would have a probable significant adverse environmental impact, a
detailed statement under chapter 43.21C RCW must be prepared on the plan.
(3) Funds in the aquatic invasive species enforcement
account created in RCW 43.43.400 may be appropriated to the department and
Washington state patrol to develop an aquatic invasive species enforcement
program for recreational and commercial watercraft.
(a) The department shall provide training to Washington
state patrol employees working at port of entry weigh stations, and other local
law enforcement employees, on how to inspect recreational and commercial
watercraft for the presence of aquatic invasive species.
(b) A person who enters Washington by road transporting any
commercial or recreational watercraft that has been used outside of Washington
must have in his or her possession documentation that the watercraft is free of
aquatic invasive species. The department must develop and maintain rules to
implement this subsection (3)(b), including specifying allowable forms of
documentation.
(c) The department is authorized to require persons
transporting recreational and commercial watercraft to stop at check stations.
Check stations must be plainly marked by signs, operated by at least one
uniformed fish and wildlife officer, and operated in a safe manner.
(d) Any person stopped at a check station who possesses a
recreational or commercial watercraft that is contaminated with aquatic
invasive species, must bear the expense for any necessary impoundment,
transportation, cleaning, and decontamination of the watercraft.
(e) Any person stopped at a check station who possesses a
recreational or commercial watercraft that is contaminated with aquatic
invasive species, is exempt from the criminal penalties found in RCW 77.15.253
and 77.15.290, and forfeiture under RCW 77.15.070, if that person complies with
all department directives for the proper decontamination of the watercraft.
(4) The department shall submit a biennial report to the
appropriate legislative committees describing the actions taken to implement
this section along with suggestions on how to better fulfill the intent of
chapter 464, Laws of 2005.)) All receipts directed to the account from
RCW 88.02.640, as well as legislative appropriations, gifts, donations, fees,
and penalties received by the department for aquatic invasive species
management, must be deposited into the account.
(2) Expenditures from the account may only be used to
implement the provisions of chapter 77.-- RCW (the new chapter created in
section 121 of this act).
(3) Moneys in the account may be spent only after
appropriation.
NEW SECTION. Sec. 310. The following acts or parts of acts are each repealed:
(1) RCW 77.12.875 (Prohibited aquatic animal species‑-Infested state waters) and 2002 c 281 s 5;
(2) RCW 77.12.878 (Infested waters‑-Rapid response plan) and 2002 c 281 s 6;
(3) RCW 77.12.882 (Aquatic invasive species‑-Inspection of recreational and commercial watercraft‑-Rules‑-Signage) and 2007 c 350 s 4;
(4) RCW 77.15.253 (Unlawful use of prohibited aquatic animal species‑-Penalty) and 2007 c 350 s 5 & 2002 c 281 s 4;
(5) RCW 77.15.293 (Unlawfully avoiding aquatic invasive species check stations‑-Penalty) and 2007 c 350 s 7;
(6) RCW 77.60.110 (Zebra mussels and European green crabs‑-Draft rules‑-Prevention of introduction and dispersal) and 1998 c 153 s 2; and
(7) RCW 77.60.120 (Infested waters‑-List published) and 1998 c 153 s 3."
Correct the title.
Signed by Representatives Hunter, Chair; Ormsby, Vice Chair; Chandler, Ranking Minority Member; Ross, Assistant Ranking Minority Member; Wilcox, Assistant Ranking Minority Member; Buys; Carlyle; Christian; Cody; Dahlquist; Dunshee; Fagan; Green; Haigh; Haler; Harris; Hudgins; Hunt, G.; Hunt, S.; Jinkins; Kagi; Lytton; Morrell; Parker; Pettigrew; Schmick; Seaquist; Springer; Sullivan; Taylor and Tharinger.
Passed to Committee on Rules for second reading.
March 1, 2014
SSB 6105 Prime Sponsor, Committee on Early Learning & K-12 Education: Concerning school library information and technology programs. Reported by Committee on Appropriations
MAJORITY recommendation: Do pass as amended.
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 28A.320.240 and 2006 c 263 s 914 are each amended to read as follows:
(1) The purpose of this section is
to identify quality criteria for school library ((media)) information
and technology programs that support the student learning goals under RCW
28A.150.210, the essential academic learning requirements under RCW
28A.655.070, and high school graduation requirements adopted under RCW
28A.230.090.
(2) Every board of directors shall
provide resources and materials for the operation ((and stocking of
such libraries)) of school library information and technology programs
as the board deems necessary for the proper education of the district's
students or as otherwise required by law or rule of the superintendent of
public instruction.
(3) "Teacher-librarian"
means a ((certified)) certificated teacher with a library media
endorsement under rules adopted by the professional educator standards board.
(4) "School((-))library
((media)) information and technology program" means a
school-based program that is staffed by a certificated teacher-librarian and
provides a variety of resources that support student mastery of the essential
academic learning requirements in all subject areas and the implementation of
the district's school improvement plan.
(5) The teacher-librarian, through
the ((school-library media)) school library information and
technology program, shall collaborate as an instructional partner to help
all students meet the content goals in all subject areas, and assist high
school students completing the culminating project and high school and beyond
plans required for graduation.
(6) The teacher-librarian's duties may include
collaborating with his or her schools to:
(a) Integrate information and technology into curriculum and
instruction, including but not limited to instructing other certificated staff
about using and integrating information and technology literacy into
instruction through workshops, modeling lessons, and individual peer coaching;
(b) Provide information management instruction to students
and staff about how to effectively use emerging learning technologies for
school and lifelong learning, as well as in the appropriate use of computers
and mobile devices in an educational setting;
(c) Help teachers and students efficiently and effectively
access the highest quality information available while using information
ethically;
(d) Instruct students in digital citizenship including how
to be critical consumers of information and provide guidance about thoughtful
and strategic use of online resources; and
(e) Create a culture of reading in the school community by
developing a diverse, student-focused collection of materials that ensures all
students can find something of quality to read and by facilitating school-wide
reading initiatives along with providing individual support and guidance for
students."
Correct the title.
Signed by Representatives Hunter, Chair; Ormsby, Vice Chair; Chandler, Ranking Minority Member; Ross, Assistant Ranking Minority Member; Wilcox, Assistant Ranking Minority Member; Buys; Carlyle; Christian; Cody; Dahlquist; Dunshee; Fagan; Green; Haigh; Haler; Harris; Hudgins; Hunt, G.; Hunt, S.; Jinkins; Kagi; Lytton; Morrell; Parker; Pettigrew; Schmick; Seaquist; Springer; Sullivan and Tharinger.
MINORITY recommendation: Do not pass. Signed by Representative Taylor.
Passed to Committee on Rules for second reading.
March 1, 2014
E2SSB 6126 Prime Sponsor, Committee on Ways & Means: Concerning representation of children in dependency matters. Reported by Committee on Appropriations
MAJORITY recommendation: Do pass as amended by Committee on Appropriations and without amendment by Committee on Judiciary.
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. (1) The legislature recognizes that some children may remain in foster care following the termination of the parent and child relationship. These children have legal rights and no longer have a parent to advocate on their behalf, and no other party represents their legal interests. The legislature finds that providing attorneys for children following the termination of the parent and child relationship is fundamental to protecting the child's legal rights and to accelerate permanency.
(2) Although the legislature recognizes that many jurisdictions provide attorneys to children prior to termination of the parent and child relationship, nothing in this act may be construed against the parent's fundamental liberty interest in parenting the child prior to termination of the parent and child relationship as stated in In re Dependency of K.N.J., 171 Wn.2d 568, 574 (2011) and In re Welfare of Luscier, 84 Wn.2d 135, 136-37 (1974), unless such a position would jeopardize the child's right to conditions of basic nurture, health, or safety.
Sec. 2. RCW 13.34.100 and 2010 c 180 s 2 are each amended to read as follows:
(1) The court shall appoint a
guardian ad litem for a child who is the subject of an action under this
chapter, unless a court for good cause finds the appointment unnecessary. The
requirement of a guardian ad litem may be deemed satisfied if the child is
represented by an independent ((counsel)) attorney in the
proceedings. The court shall attempt to match a child with special needs with
a guardian ad litem who has specific training or education related to the
child's individual needs.
(2) If the court does not have available to it a guardian ad litem program with a sufficient number of volunteers, the court may appoint a suitable person to act as guardian ad litem for the child under this chapter. Another party to the proceeding or the party's employee or representative shall not be so appointed.
(3) Each guardian ad litem program shall maintain a background information record for each guardian ad litem in the program. The background information record shall include, but is not limited to, the following information:
(a) Level of formal education;
(b) General training related to the guardian ad litem's duties;
(c) Specific training related to issues potentially faced by children in the dependency system;
(d) Specific training or education related to child disability or developmental issues;
(e) Number of years' experience as a guardian ad litem;
(f) Number of appointments as a guardian ad litem and the county or counties of appointment;
(g) The names of any counties in which the person was removed from a guardian ad litem registry pursuant to a grievance action, and the name of the court and the cause number of any case in which the court has removed the person for cause;
(h) Founded allegations of abuse or neglect as defined in RCW 26.44.020;
(i) The results of an examination of state and national criminal identification data. The examination shall consist of a background check as allowed through the Washington state criminal records privacy act under RCW 10.97.050, the Washington state patrol criminal identification system under RCW 43.43.832 through 43.43.834, and the federal bureau of investigation. The background check shall be done through the Washington state patrol criminal identification section and must include a national check from the federal bureau of investigation based on the submission of fingerprints; and
(j) Criminal history, as defined in RCW 9.94A.030, for the period covering ten years prior to the appointment.
The background information record shall be updated annually. As a condition of appointment, the guardian ad litem's background information record shall be made available to the court. If the appointed guardian ad litem is not a member of a guardian ad litem program a suitable person appointed by the court to act as guardian ad litem shall provide the background information record to the court.
Upon appointment, the guardian ad litem, or guardian ad litem program, shall provide the parties or their attorneys with a copy of the background information record. The portion of the background information record containing the results of the criminal background check and the criminal history shall not be disclosed to the parties or their attorneys. The background information record shall not include identifying information that may be used to harm a guardian ad litem, such as home addresses and home telephone numbers, and for volunteer guardians ad litem the court may allow the use of maiden names or pseudonyms as necessary for their safety.
(4) The appointment of the guardian ad litem shall remain in effect until the court discharges the appointment or no longer has jurisdiction, whichever comes first. The guardian ad litem may also be discharged upon entry of an order of guardianship.
(5) A guardian ad litem through ((counsel))
an attorney, or as otherwise authorized by the court, shall have the
right to present evidence, examine and cross-examine witnesses, and to be
present at all hearings. A guardian ad litem shall receive copies of all
pleadings and other documents filed or submitted to the court, and notice of
all hearings according to court rules. The guardian ad litem shall receive all
notice contemplated for a parent or other party in all proceedings under this
chapter.
(6)(a) The court must appoint an
attorney for a child in a dependency proceeding six months after granting a
petition to terminate the parent and child relationship pursuant to RCW
13.34.180 and when there is no remaining parent with parental rights.
The court must appoint an attorney for a child when there is
no remaining parent with parental rights for six months or longer prior to the
effective date of this section if the child is not already represented.
The court may appoint one attorney to a group of siblings,
unless there is a conflict of interest, or such representation is otherwise
inconsistent with the rules of professional conduct.
(b) Legal services provided by an attorney appointed
pursuant to (a) of this subsection do not include representation of the child
in any appellate proceedings relative to the termination of the parent and
child relationship.
(c)(i) Subject to the availability of amounts appropriated
for this specific purpose, the state shall pay the costs of legal services
provided by an attorney appointed pursuant to (a) of this subsection, if the
legal services are provided in accordance with the standards of practice,
voluntary training, and caseload limits developed and recommended by the
statewide children's representation work group pursuant to section 5, chapter
180, Laws of 2010. Caseload limits must be calculated pursuant to (c)(ii) of
this subsection.
(ii) Counties are encouraged to set caseloads as low as
possible and to account for the individual needs of the children in care. Notwithstanding
the caseload limits developed and recommended by the statewide children's
representation work group pursuant to section 5, chapter 180, Laws of 2010,
when one attorney represents a sibling group, the first child is counted as one
case, and each child thereafter is counted as one-half case to determine
compliance with the caseload standards pursuant to (c)(i) of this subsection
and section 3 of this act.
(iii) The office of civil legal aid is responsible for
implementation of (c)(i) and (ii) of this subsection as provided in section 3
of this act.
(7)(a) The court may appoint an attorney to represent the
child's position in any dependency action on its own initiative, or upon the
request of a parent, the child, a guardian ad litem, a caregiver, or the
department.
(b)(i) If the court has not already appointed an attorney
for a child, or the child is not represented by a privately retained attorney:
(A) The child's caregiver, or any individual, may refer the
child to an attorney for the purposes of filing a motion to request appointment
of an attorney at public expense; or
(B) The child or any individual may retain an attorney for
the child for the purposes of filing a motion to request appointment of an
attorney at public expense.
(ii) Nothing in this subsection (7)(b) shall be construed to
change or alter the confidentiality provisions of RCW 13.50.100.
(c) Pursuant to this subsection, the department or
supervising agency and the child's guardian ad litem shall each notify a child
of his or her right to request ((counsel)) an attorney and shall
ask the child whether he or she wishes to have ((counsel)) an
attorney. The department or supervising agency and the child's guardian ad
litem shall notify the child and make this inquiry immediately after:
(i) The date of the child's twelfth birthday;
(ii) Assignment of a case involving a child age twelve or older; or
(iii) July 1, 2010, for a child who turned twelve years old before July 1, 2010.
(((b))) (d) The
department or supervising agency and the child's guardian ad litem shall repeat
the notification and inquiry at least annually and upon the filing of any
motion or petition affecting the child's placement, services, or familial
relationships.
(((c))) (e) The
notification and inquiry is not required if the child has already been
appointed ((counsel)) an attorney.
(((d))) (f) The
department or supervising agency shall note in the child's individual service
and safety plan, and the guardian ad litem shall note in his or her report to
the court, that the child was notified of the right to request ((counsel))
an attorney and indicate the child's position regarding appointment of
((counsel)) an attorney.
(((e))) (g) At the
first regularly scheduled hearing after:
(i) The date of the child's twelfth birthday;
(ii) The date that a dependency petition is filed pursuant to this chapter on a child age twelve or older; or
(iii) July 1, 2010, for a child who turned twelve years old before July 1, 2010;
the court shall inquire whether the child has
received notice of his or her right to request ((legal counsel)) an
attorney from the department or supervising agency and the child's guardian
ad litem. The court shall make an additional inquiry at the first regularly
scheduled hearing after the child's fifteenth birthday. No inquiry is
necessary if the child has already been appointed ((counsel)) an
attorney.
(((f) If the child requests
legal counsel and is age twelve or older, or if the guardian ad litem or the
court determines that the child needs to be independently represented by
counsel, the court may appoint an attorney to represent the child's position.
(7))) (8) For the purposes of child abuse
prevention and treatment act (42 U.S.C. Secs. 5101 et seq.) grants to this
state under P.L. 93-247, or any related state or federal legislation, a person
appointed pursuant to this section shall be deemed a guardian ad litem ((to
represent the best interests of the minor in proceedings before the court)).
(((8))) (9) When a court-appointed
special advocate or volunteer guardian ad litem is requested on a case, the
program shall give the court the name of the person it recommends. The program
shall attempt to match a child with special needs with a guardian ad litem who
has specific training or education related to the child's individual needs.
The court shall immediately appoint the person recommended by the program.
(((9))) (10) If a
party in a case reasonably believes the court-appointed special advocate or
volunteer guardian ad litem is inappropriate or unqualified, the party may
request a review of the appointment by the program. The program must complete
the review within five judicial days and remove any appointee for good cause.
If the party seeking the review is not satisfied with the outcome of the
review, the party may file a motion with the court for the removal of the
court-appointed special advocate or volunteer guardian ad litem on the grounds
the advocate or volunteer is inappropriate or unqualified.
NEW SECTION. Sec. 3. A new section is added to chapter 2.53 RCW to read as follows:
(1) Money appropriated by the legislature for legal services provided by an attorney appointed pursuant to RCW 13.34.100 must be administered by the office of civil legal aid established under RCW 2.53.020.
(2) The office of civil legal aid may enter into contracts with the counties to disburse state funds for an attorney appointed pursuant to RCW 13.34.100. The office of civil legal aid may also require a county to use attorneys under contract with the office for the provision of legal services under RCW 13.34.100 to remain within appropriated amounts.
(3) Prior to distributing state funds under subsection (2) of this section, the office of civil legal aid must verify that attorneys providing legal representation to children under RCW 13.34.100 meet the standards of practice, voluntary training, and caseload limits developed and recommended by the statewide children's representation work group pursuant to section 5, chapter 180, Laws of 2010. Caseload limits described in this subsection must be determined as provided in RCW 13.34.100(6)(c)(ii).
NEW SECTION. Sec. 4. This act takes effect July 1, 2014.
NEW SECTION. Sec. 5. If specific funding for the purposes of this act, referencing this act by bill or chapter number, is not provided by June 30, 2014, in the omnibus appropriations act, this act is null and void."
Correct the title.
Signed by Representatives Hunter, Chair; Ormsby, Vice Chair; Chandler, Ranking Minority Member; Ross, Assistant Ranking Minority Member; Wilcox, Assistant Ranking Minority Member; Buys; Carlyle; Christian; Cody; Dahlquist; Dunshee; Fagan; Green; Haigh; Haler; Harris; Hudgins; Hunt, G.; Hunt, S.; Jinkins; Kagi; Lytton; Morrell; Parker; Pettigrew; Schmick; Seaquist; Springer; Sullivan; Taylor and Tharinger.
Passed to Committee on Rules for second reading.
February 27, 2014
SSB 6129 Prime Sponsor, Committee on Early Learning & K-12 Education: Concerning paraeducator development. Reported by Committee on Appropriations Subcommittee on Education
MAJORITY recommendation: Do pass as amended by Committee on Education. Signed by Representatives Haigh, Chair; Fagan, Ranking Minority Member; Carlyle; Dahlquist; Haler; Lytton; Pettigrew; Seaquist; Sullivan and Wilcox.
Passed to Committee on Rules for second reading.
March 1, 2014
2SSB 6163 Prime Sponsor, Committee on Ways & Means: Concerning expanded learning opportunities. Reported by Committee on Appropriations
MAJORITY recommendation: Do pass as amended by Committee on Education. Signed by Representatives Hunter, Chair; Ormsby, Vice Chair; Chandler, Ranking Minority Member; Ross, Assistant Ranking Minority Member; Wilcox, Assistant Ranking Minority Member; Buys; Carlyle; Christian; Cody; Dahlquist; Dunshee; Fagan; Green; Haigh; Harris; Hudgins; Hunt, G.; Hunt, S.; Jinkins; Kagi; Lytton; Morrell; Parker; Pettigrew; Schmick; Seaquist; Springer; Sullivan and Tharinger.
MINORITY recommendation: Do not pass. Signed by Representatives Haler and Taylor.
Passed to Committee on Rules for second reading.
February 27, 2014
ESB 6194 Prime Sponsor, Senator Dansel: Providing a process for county legislative authorities to withdraw from voluntary planning under the growth management act. Reported by Committee on Appropriations Subcommittee on General Government & Information Technology
MAJORITY recommendation: Do pass as amended by Committee on Appropriations Subcommittee on General Government & Information Technology and without amendment by Committee on Local Government.
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 36.70A.040 and 2000 c 36 s 1 are each amended to read as follows:
(1) Each county that has both a population of fifty thousand or more and, until May 16, 1995, has had its population increase by more than ten percent in the previous ten years or, on or after May 16, 1995, has had its population increase by more than seventeen percent in the previous ten years, and the cities located within such county, and any other county regardless of its population that has had its population increase by more than twenty percent in the previous ten years, and the cities located within such county, shall conform with all of the requirements of this chapter. However, the county legislative authority of such a county with a population of less than fifty thousand population may adopt a resolution removing the county, and the cities located within the county, from the requirements of adopting comprehensive land use plans and development regulations under this chapter if this resolution is adopted and filed with the department by December 31, 1990, for counties initially meeting this set of criteria, or within sixty days of the date the office of financial management certifies that a county meets this set of criteria under subsection (5) of this section. For the purposes of this subsection, a county not currently planning under this chapter is not required to include in its population count those persons confined in a correctional facility under the jurisdiction of the department of corrections that is located in the county.
Once a county meets either of these sets of criteria, the requirement to conform with all of the requirements of this chapter remains in effect, even if the county no longer meets one of these sets of criteria.
(2)(a) The county
legislative authority of any county that does not meet either of the sets of
criteria established under subsection (1) of this section may adopt a
resolution indicating its intention to have subsection (1) of this section
apply to the county. Each city, located in a county that chooses to plan under
this subsection, shall conform with all of the requirements of this chapter.
Once such a resolution has been adopted, the county and the cities located
within the county remain subject to all of the requirements of this chapter,
unless the county subsequently adopts a withdrawal resolution for partial
planning pursuant to (b)(i) of this subsection.
(b)(i) Until December 31, 2015, the legislative authority of
a county may adopt a resolution removing the county and the cities located
within the county from the requirements to plan under this section if:
(A) The county has a population, as estimated by the office
of financial management, of twenty thousand or fewer inhabitants at any time
between April 1, 2010, and April 1, 2015;
(B) The county has previously adopted a resolution
indicating its intention to have subsection (1) of this section apply to the
county;
(C) At least sixty days prior to adopting a resolution for
partial planning, the county provides written notification to the legislative
body of each city within the county of its intent to consider adopting the
resolution; and
(D) The legislative bodies of at least sixty percent of
those cities having an aggregate population of at least seventy-five percent of
the incorporated county population have not: Adopted resolutions opposing the
action by the county; and provided written notification of the resolutions to
the county.
(ii) Upon adoption of a resolution for partial planning
under (b)(i) of this subsection:
(A) The county and the cities within the county are no
longer obligated to plan under this section; and
(B) The county may not, for a minimum of ten years from the
date of adoption of the resolution, adopt another resolution indicating its
intention to have subsection (1) of this section apply to the county.
(c) The adoption of a resolution for partial planning under (b)(i) of this subsection does not nullify or otherwise modify the requirements for counties and cities established in RCW 36.70A.060, 36.70A.170, and 36.70A.172.
(3) Any county or city that is
initially required to conform with all of the requirements of this chapter
under subsection (1) of this section shall take actions under this chapter as
follows: (a) The county legislative authority shall adopt a countywide
planning policy under RCW 36.70A.210; (b) the county and each city located
within the county shall designate critical areas, agricultural lands, forest
lands, and mineral resource lands, and adopt development regulations conserving
these designated agricultural lands, forest lands, and mineral resource lands and
protecting these designated critical areas, under RCW 36.70A.170 and
36.70A.060; (c) the county shall designate and take other actions related to
urban growth areas under RCW 36.70A.110; (d) if the county has a population of
fifty thousand or more, the county and each city located within the county
shall adopt a comprehensive plan under this chapter and development regulations
that are consistent with and implement the comprehensive plan on or before July
1, 1994, and if the county has a population of less than fifty thousand, the
county and each city located within the county shall adopt a comprehensive plan
under this chapter and development regulations that are consistent with and
implement the comprehensive plan by January 1, 1995, but if the governor makes
written findings that a county with a population of less than fifty thousand or
a city located within such a county is not making reasonable progress toward
adopting a comprehensive plan and development regulations the governor may
reduce this deadline for such actions to be taken by no more than one hundred
eighty days. Any county or city subject to this subsection may obtain an
additional six months before it is required to have adopted its development
regulations by submitting a letter notifying the department ((of community,
trade, and economic development)) of its need prior to the deadline for
adopting both a comprehensive plan and development regulations.
(4) Any county or city that is
required to conform with all the requirements of this chapter, as a result of
the county legislative authority adopting its resolution of intention under
subsection (2) of this section, shall take actions under this chapter as
follows: (a) The county legislative authority shall adopt a county-wide
planning policy under RCW 36.70A.210; (b) the county and each city that is
located within the county shall adopt development regulations conserving
agricultural lands, forest lands, and mineral resource lands it designated
under RCW 36.70A.060 within one year of the date the county legislative
authority adopts its resolution of intention; (c) the county shall designate
and take other actions related to urban growth areas under RCW 36.70A.110; and
(d) the county and each city that is located within the county shall adopt a
comprehensive plan and development regulations that are consistent with and
implement the comprehensive plan not later than four years from the date the
county legislative authority adopts its resolution of intention, but a county
or city may obtain an additional six months before it is required to have
adopted its development regulations by submitting a letter notifying the
department ((of community, trade, and economic development)) of its need
prior to the deadline for adopting both a comprehensive plan and development
regulations.
(5) If the office of financial
management certifies that the population of a county that previously had not
been required to plan under subsection (1) or (2) of this section has changed
sufficiently to meet either of the sets of criteria specified under subsection
(1) of this section, and where applicable, the county legislative authority has
not adopted a resolution removing the county from these requirements as
provided in subsection (1) of this section, the county and each city within
such county shall take actions under this chapter as follows: (a) The county
legislative authority shall adopt a countywide planning policy under RCW
36.70A.210; (b) the county and each city located within the county shall adopt
development regulations under RCW 36.70A.060 conserving agricultural lands,
forest lands, and mineral resource lands it designated within one year of the
certification by the office of financial management; (c) the county shall
designate and take other actions related to urban growth areas under RCW
36.70A.110; and (d) the county and each city located within the county shall
adopt a comprehensive land use plan and development regulations that are
consistent with and implement the comprehensive plan within four years of the
certification by the office of financial management, but a county or city may
obtain an additional six months before it is required to have adopted its
development regulations by submitting a letter notifying the department ((of
community, trade, and economic development)) of its need prior to the
deadline for adopting both a comprehensive plan and development regulations.
(6) A copy of each document that is required under this section shall be submitted to the department at the time of its adoption.
(7) Cities and counties planning under this chapter must amend the transportation element of the comprehensive plan to be in compliance with this chapter and chapter 47.80 RCW no later than December 31, 2000.
Sec. 2. RCW 36.70A.060 and 2005 c 423 s 3 are each amended to read as follows:
(1)(a) ((Except as provided in
RCW 36.70A.1701,)) Each county that is required or chooses to plan
under RCW 36.70A.040, and each city within such county, shall adopt development
regulations on or before September 1, 1991, to assure the conservation of
agricultural, forest, and mineral resource lands designated under RCW
36.70A.170. Regulations adopted under this subsection may not prohibit uses
legally existing on any parcel prior to their adoption and shall remain in
effect until the county or city adopts development regulations pursuant to RCW
36.70A.040. Such regulations shall assure that the use of lands adjacent to
agricultural, forest, or mineral resource lands shall not interfere with the continued
use, in the accustomed manner and in accordance with best management practices,
of these designated lands for the production of food, agricultural products, or
timber, or for the extraction of minerals.
(b) Counties and cities shall require that all plats, short plats, development permits, and building permits issued for development activities on, or within five hundred feet of, lands designated as agricultural lands, forest lands, or mineral resource lands, contain a notice that the subject property is within or near designated agricultural lands, forest lands, or mineral resource lands on which a variety of commercial activities may occur that are not compatible with residential development for certain periods of limited duration. The notice for mineral resource lands shall also inform that an application might be made for mining-related activities, including mining, extraction, washing, crushing, stockpiling, blasting, transporting, and recycling of minerals.
(c) Each county that adopts a resolution of
partial planning under RCW 36.70A.040(2)(b), and each city within such county,
shall adopt development regulations within one year after the adoption of the
resolution of partial planning to assure the conservation of agricultural,
forest, and mineral resource lands designated under RCW 36.70A.170.
Regulations adopted under this subsection (1)(c) must comply with the
requirements governing regulations adopted under (a) of this subsection.
(d)(i) A county that adopts a resolution of partial planning
under RCW 36.70A.040(2)(b) and that is not in compliance with the planning
requirements of this section, RCW 36.70A.040(4), 36.70A.070(5), 36.70A.170, and
36.70A.172 at the time the resolution is adopted must, by January 30, 2017,
apply for a determination of compliance from the department finding that the
county's development regulations, including development regulations adopted to
protect critical areas, and comprehensive plans are in compliance with the
requirements of this section, RCW 36.70A.040(4), 36.70A.070(5), 36.70A.170, and
36.70A.172. The department must approve or deny the application for a
determination of compliance within one hundred twenty days of its receipt or by
June 30, 2017, whichever date is earlier.
(ii) If the department denies an application under (d)(i) of
this subsection, the county and each city within is obligated to comply with
all requirements of this chapter and the resolution for partial planning
adopted under RCW 36.70A.040(2)(b) is no longer in effect.
(iii) A petition for review of a determination of compliance
under (d)(i) of this subsection may only be appealed to the growth management
hearings board within sixty days of the issuance of the decision by the
department.
(iv) In the event of a filing of a petition in accordance
with (d)(iii) of this subsection, the county and the department must equally
share the costs incurred by the department for defending an approval of
determination of compliance that is before the growth management hearings
board.
(v) The department may implement this subsection (d) by
adopting rules related to determinations of compliance. The rules may address,
but are not limited to: The requirements for applications for a determination
of compliance; charging of costs under (d)(iv) of this subsection; procedures
for processing applications; criteria for the evaluation of applications;
issuance and notice of department decisions; and applicable timelines.
(2) Each county and city shall adopt development regulations that protect critical areas that are required to be designated under RCW 36.70A.170. For counties and cities that are required or choose to plan under RCW 36.70A.040, such development regulations shall be adopted on or before September 1, 1991. For the remainder of the counties and cities, such development regulations shall be adopted on or before March 1, 1992.
(3) Such counties and cities shall review these designations and development regulations when adopting their comprehensive plans under RCW 36.70A.040 and implementing development regulations under RCW 36.70A.120 and may alter such designations and development regulations to insure consistency.
(4) Forest land and agricultural land located within urban growth areas shall not be designated by a county or city as forest land or agricultural land of long-term commercial significance under RCW 36.70A.170 unless the city or county has enacted a program authorizing transfer or purchase of development rights.
Sec. 3. RCW 36.70A.280 and 2011 c 360 s 17 are each amended to read as follows:
(1) The growth management hearings board shall hear and determine only those petitions alleging either:
(a) That, except as provided otherwise by this subsection, a state agency, county, or city planning under this chapter is not in compliance with the requirements of this chapter, chapter 90.58 RCW as it relates to the adoption of shoreline master programs or amendments thereto, or chapter 43.21C RCW as it relates to plans, development regulations, or amendments, adopted under RCW 36.70A.040 or chapter 90.58 RCW. Nothing in this subsection authorizes the board to hear petitions alleging noncompliance with RCW 36.70A.5801;
(b) That the twenty-year growth management planning population projections adopted by the office of financial management pursuant to RCW 43.62.035 should be adjusted;
(c) That the approval of a work plan adopted under RCW 36.70A.735(1)(a) is not in compliance with the requirements of the program established under RCW 36.70A.710;
(d) That regulations adopted under
RCW 36.70A.735(1)(b) are not regionally applicable and cannot be adopted,
wholly or partially, by another jurisdiction; ((or))
(e) That a department certification
under RCW 36.70A.735(1)(c) is erroneous; or
(f) That a department determination under RCW
36.70A.060(1)(d) is erroneous.
(2) A petition may be filed only by: (a) The state, or a county or city that plans under this chapter; (b) a person who has participated orally or in writing before the county or city regarding the matter on which a review is being requested; (c) a person who is certified by the governor within sixty days of filing the request with the board; or (d) a person qualified pursuant to RCW 34.05.530.
(3) For purposes of this section "person" means any individual, partnership, corporation, association, state agency, governmental subdivision or unit thereof, or public or private organization or entity of any character.
(4) To establish participation standing under subsection (2)(b) of this section, a person must show that his or her participation before the county or city was reasonably related to the person's issue as presented to the board.
(5) When considering a possible adjustment to a growth management planning population projection prepared by the office of financial management, the board shall consider the implications of any such adjustment to the population forecast for the entire state.
The rationale for any adjustment that is adopted by the board must be documented and filed with the office of financial management within ten working days after adoption.
If adjusted by the board, a county growth management planning population projection shall only be used for the planning purposes set forth in this chapter and shall be known as the "board adjusted population projection." None of these changes shall affect the official state and county population forecasts prepared by the office of financial management, which shall continue to be used for state budget and planning purposes.
NEW SECTION. Sec. 4. If specific funding for the purposes of this act, referencing this act by bill or chapter number, is not provided by June 30, 2014, in the omnibus appropriations act, this act is null and void.
NEW SECTION. Sec. 5. Section 3 of this act expires December 31, 2020."
Correct the title.
Signed by Representatives Hudgins, Chair; Parker, Ranking Minority Member; Buys; Christian; Jinkins; Springer and Taylor.
Passed to Committee on Rules for second reading.
March 1, 2014
ESSB 6228 Prime Sponsor, Committee on Health Care: Concerning transparency tools for consumer information on health care cost and quality. Reported by Committee on Appropriations
MAJORITY recommendation: Do pass as amended by Committee on Health Care & Wellness. Signed by Representatives Hunter, Chair; Ormsby, Vice Chair; Carlyle; Cody; Dunshee; Green; Haigh; Hudgins; Hunt, S.; Jinkins; Kagi; Lytton; Morrell; Pettigrew; Seaquist; Springer; Sullivan and Tharinger.
MINORITY recommendation: Do not pass. Signed by Representatives Chandler, Ranking Minority Member; Ross, Assistant Ranking Minority Member; Wilcox, Assistant Ranking Minority Member; Buys; Christian; Dahlquist; Fagan; Haler; Harris; Hunt, G.; Parker; Schmick and Taylor.
Passed to Committee on Rules for second reading.
February 27, 2014
SB 6284 Prime Sponsor, Senator Hill: Regarding expenditures from the public health supplemental account. Reported by Committee on Appropriations Subcommittee on Health & Human Services
MAJORITY recommendation: Do pass. Signed by Representatives Morrell, Chair; Harris, Ranking Minority Member; Green; Hunt, G.; Kagi; Ormsby; Ross; Schmick and Tharinger.
Passed to Committee on Rules for second reading.
March 1, 2014
2SSB 6312 Prime Sponsor, Committee on Ways & Means: Concerning state purchasing of mental health and chemical dependency treatment services. Reported by Committee on Appropriations
MAJORITY recommendation: Do pass as amended.
Strike everything after the enacting clause and insert the following:
"Sec. 1. 2013 c 338 s 1 (uncodified) is amended to read as follows:
(1)(a) Beginning ((May)) April
1, 2014, the legislature shall convene a task force to examine reform of the
adult behavioral health system, with voting members as provided in this
subsection.
(i) The president of the senate
shall appoint ((one)) two members from each of the two
largest caucuses of the senate.
(ii) The speaker of the house of
representatives shall appoint ((one)) two members from
each of the two largest caucuses in the house of representatives.
(iii) The governor shall appoint five members consisting of the secretary of the department of social and health services or the secretary's designee, the director of the health care authority or the director's designee, the director of the office of financial management or the director's designee, the secretary of the department of corrections or the secretary's designee, and a representative of the governor.
(iv) The Washington state
association of counties shall appoint three members.
(v) The governor shall request participation by a
representative of tribal governments.
(b) The task force shall choose two cochairs from among its legislative members.
(c) The task force shall adopt a bottom-up approach and welcome input and participation from all stakeholders interested in the improvement of the adult behavioral health system. To that end, the task force must invite participation from, at a minimum, the following: The department of commerce, behavioral health service recipients and their families; local government; representatives of regional support networks; representatives of county coordinators; law enforcement; city and county jails; tribal representatives; behavioral health service providers; housing providers; labor representatives; counties with state hospitals; mental health advocates; chemical dependency advocates; public defenders with involuntary mental health commitment or mental health court experience; chemical dependency experts working with drug courts; medicaid managed care plan and associated delivery system representatives; long-term care service providers; the Washington state hospital association; and individuals with expertise in evidence-based and research-based behavioral health service practices. Leadership of subcommittees formed by the task force may be drawn from this body of invited participants.
(2) The task force shall undertake
a systemwide review of the adult behavioral health system and make
recommendations ((for reform concerning, but not limited to, the following))
to facilitate the full integration of mental health, chemical dependency,
and physical health services by January 1, 2020, including:
(a) The means by which mental
health, chemical dependency, and physical health services ((are)) will
be purchased and delivered for adults ((with mental illness and chemical
dependency disorders)) by the department of social and health services
and the health care authority, with attention to:
(i) Adequacy of the supply, type, and quality of the
behavioral health and recovery workforce, services, providers, and facilities,
including detoxification services that are available twenty-four hours a day,
medication-assisted treatment, inpatient psychiatric involuntary treatment
services, and options to reduce barriers to increasing the necessary supply,
including options related to certificate of need and health professions
licensing standards;
(ii) By August 1, 2014, a review of performance measures and
outcomes developed pursuant to RCW 43.20A.895 and chapter 70.320 RCW;
(iii) Incentives for physical and behavioral health care
providers to use community resources that will reduce utilization of the
criminal justice system and promote recovery through community supports, such
as supportive housing or supportive employment;
(iv) Legal, clinical, and technological obstacles to sharing
relevant health care information related to mental health, chemical dependency,
and physical health across practice settings; and
(v) Identification of other key issues that must be
addressed by the health care authority and the department of social and health
services to achieve the full integration of medical and behavioral health
services by January 1, 2020;
(b) Guidance for the creation of common regional service
areas for purchasing behavioral health services and medical care services by
the department of social and health services and the health care authority,
taking into consideration any proposal submitted by the Washington state
association of counties under section 2 of this act;
(((b) Availability of effective
means to promote recovery and prevent harm associated with mental illness;))
(c) Availability of crisis services, including boarding of mental health patients outside of regularly certified treatment beds;
(d) Best practices for cross-system
collaboration between behavioral health treatment providers, medical care
providers, long-term care service providers, entities providing health home
services to high-risk medicaid clients, law enforcement, and criminal justice
agencies; ((and))
(e) ((Public safety practices
involving persons with mental illness with forensic involvement)) A
review of the detailed plan criteria to be used by the department of social and
health services under section 4 of this act, prior to its adoption by the
department of social and health services for use in awarding contracts to serve
as a behavioral health and recovery organization;
(f) The appropriate use of the criminal justice treatment
account in a fully integrated behavioral and physical health system; and
(g) Whether a statewide behavioral health ombuds office
should be created.
(3) The task force shall review
the extent and causes of variations in commitment rates in different
jurisdictions across the state.
(4) Staff support for the task force must be provided by
the senate committee services and the house of representatives office of
program research.
(((4))) (5)
Legislative members of the task force must be reimbursed for travel expenses in
accordance with RCW 44.04.120. Nonlegislative members, except those
representing an employer or organization, are entitled to be reimbursed for
travel expenses in accordance with RCW 43.03.050 and 43.03.060.
(((5))) (6) The
expenses of the task force must be paid jointly by the senate and house of
representatives. Task force expenditures are subject to approval by the senate
facilities and operations committee and the house of representatives executive
rules committee, or their successor committees.
(((6))) (7) The task
force shall report its findings and recommendations to the governor and the
appropriate committees of the legislature by January 1, 2015, except that
recommendations under subsection (2)(b) of this section must be submitted to
the governor by September 1, 2014.
(((7))) (8) This
section expires June 1, 2015.
NEW SECTION. Sec. 2. A new section is added to chapter 43.20A RCW to read as follows:
(1) The department and the health care authority shall jointly establish regional service areas by October 1, 2014, as provided in this section.
(2) Counties, through the Washington state association of counties, must be given the opportunity to propose the composition of no more than nine regional service areas. Each service area must:
(a) Include a sufficient number of medicaid lives to support full financial risk managed care contracting for services included in contracts with the department or the health care authority;
(b) Include full counties that are contiguous with one another; and
(c) Reflect natural medical and behavioral health service referral patterns and shared clinical, health care service, behavioral health service, and behavioral health crisis response resources.
(3) The Washington state association of counties must submit their recommendations to the department, the health care authority, and the task force described in section 1 of this act on or before August 1, 2014.
NEW SECTION. Sec. 3. A new section is added to chapter 43.20A RCW to read as follows:
(1) Any agreement or contract by the department or the health care authority to provide behavioral health services as defined under RCW 71.24.025 to persons eligible for benefits under medicaid, Title XIX of the social security act, and to persons not eligible for medicaid must include the following:
(a) Contractual provisions consistent with the intent expressed in RCW 71.24.015, 71.36.005, 70.96A.010, and 70.96A.011;
(b) Standards regarding the quality of services to be provided, including increased use of evidence-based, research-based, and promising practices, as defined in RCW 71.24.025;
(c) Accountability for the client outcomes established in RCW 43.20A.895, 70.320.020, and 71.36.025 and performance measures linked to those outcomes;
(d) Standards requiring behavioral health and recovery organizations to maintain a network of appropriate providers that is supported by written agreements sufficient to provide adequate access to all services covered under the contract with the department or the health care authority and to protect essential existing behavioral health system infrastructure and capacity, including a continuum of chemical dependency services;
(e) Provisions to require that behavioral health and recovery organizations offer contracts to managed health care systems under chapter 74.09 RCW to promote access to the services of chemical dependency professionals under chapter 18.205 RCW and mental health professionals, as defined by the department in rule, for the purpose of integrating such services into primary care settings for individuals with behavioral health and medical comorbidities;
(f) Provisions to require that medically necessary chemical dependency and mental health treatment services be available to clients;
(g) Standards requiring the use of behavioral health service provider reimbursement methods that incentivize improved performance with respect to the client outcomes established in RCW 43.20A.895 and 71.36.025, integration of behavioral health and primary care services at the clinical level, and improved care coordination for individuals with complex care needs;
(h) Standards related to the financial integrity of the responding organization. The department shall adopt rules establishing the solvency requirements and other financial integrity standards for behavioral health and recovery organizations. This subsection does not limit the authority of the department to take action under a contract upon finding that a behavioral health and recovery organization's financial status jeopardizes the organization's ability to meet its contractual obligations;
(i) Mechanisms for monitoring performance under the contract and remedies for failure to substantially comply with the requirements of the contract including, but not limited to, financial deductions, termination of the contract, receivership, reprocurement of the contract, and injunctive remedies;
(j) Provisions to maintain the decision-making independence of designated mental health professionals or designated chemical dependency specialists; and
(k) Provisions stating that public funds appropriated by the legislature may not be used to promote or deter, encourage, or discourage employees from exercising their rights under Title 29, chapter 7, subchapter II, United States Code or chapter 41.56 RCW.
(2) The following factors must be given significant weight in any purchasing process:
(a) Demonstrated commitment and experience in serving low-income populations;
(b) Demonstrated commitment and experience serving persons who have mental illness, chemical dependency, or co-occurring disorders;
(c) Demonstrated commitment to and experience with partnerships with county and municipal criminal justice systems, housing services, and other critical support services necessary to achieve the outcomes established in RCW 43.20A.895, 70.320.020, and 71.36.025;
(d) Recognition that meeting enrollees' physical and behavioral health care needs is a shared responsibility of contracted behavioral health and recovery organizations, managed health care systems, service providers, the state, and communities;
(e) Consideration of past and current performance and participation in other state or federal behavioral health programs as a contractor; and
(f) The ability to meet requirements established by the department.
(3) For purposes of purchasing behavioral health services and medical care services for persons eligible for benefits under medicaid, Title XIX of the social security act and for persons not eligible for medicaid, the department and the health care authority must use common regional service areas. The regional service areas must be established by the department and the health care authority as provided in section 2 of this act.
(4) Consideration must be given to using multiple-biennia contracting periods.
(5) Each behavioral health and recovery organization operating pursuant to a contract issued under this section shall enroll clients within its regional service area who meet the department's eligibility criteria for mental health and chemical dependency services.
NEW SECTION. Sec. 4. A new section is added to chapter 71.24 RCW to read as follows:
(1) The secretary shall purchase mental health and chemical dependency treatment services primarily through managed care contracting, but may continue to purchase behavioral health services from tribal clinics and other tribal providers.
(2)(a) The secretary shall request a detailed plan from the entities identified in (b) of this subsection that demonstrates compliance with the contractual elements of section 3 of this act and federal regulations related to medicaid managed care contracting, including, but not limited to: Having a sufficient network of providers to provide adequate access to mental health and chemical dependency services for residents of the regional service area that meet eligibility criteria for services, ability to maintain and manage adequate reserves, and maintenance of quality assurance processes. Any responding entity that submits a detailed plan that demonstrates that it can meet the requirements of this section must be awarded the contract to serve as the behavioral health and recovery organization.
(b)(i) For purposes of responding to the request for a detailed plan under (a) of this subsection, the entities from which a plan will be requested are:
(A) A county in a single county regional service area that currently serves as the regional support network for that area;
(B) In the event that a county has made a decision prior to January 1, 2014, not to contract as a regional support network, any private entity that serves as the regional support network for that area;
(C) All counties within a regional service area that includes more than one county, which shall form a responding entity through the adoption of an interlocal agreement. The interlocal agreement must specify the terms by which the responding entity shall serve as the behavioral health and recovery organization within the regional service area.
(ii) In the event that a regional service area is comprised of multiple counties including one that has made a decision prior to January 1, 2014, not to contract as a regional support network, the counties shall adopt an interlocal agreement and may respond to the request for a detailed plan under (a) of this subsection and the private entity may also respond to the request for a detailed plan.
(3) Contracts for behavioral health and recovery organizations must begin on April 1, 2016.
(4) Upon request of one or more county authorities, the department and the health care authority may jointly purchase behavioral health services through an integrated medical and behavioral health services contract with a behavioral health and recovery organization or a managed health care system as defined in RCW 74.09.522. Any contract for such a purchase must comply with all federal medicaid and state law requirements related to managed health care contracting.
Sec. 5. RCW 71.24.015 and 2005 c 503 s 1 are each amended to read as follows:
It is the intent of the legislature to establish a community mental health program which shall help people experiencing mental illness to retain a respected and productive position in the community. This will be accomplished through programs that focus on resilience and recovery, and practices that are evidence-based, research-based, consensus-based, or, where these do not exist, promising or emerging best practices, which provide for:
(1) Access to mental health
services for adults ((of the state who are acutely mentally ill, chronically
mentally ill,)) with acute mental illness, chronic mental illness,
or who are seriously disturbed and children ((of the state who are
acutely mentally ill)) with acute mental illness, or who are
severely emotionally disturbed, or seriously disturbed, which services
recognize the special needs of underserved populations, including minorities,
children, the elderly, ((disabled)) individuals with disabilities,
and low-income persons. Access to mental health services shall not be limited
by a person's history of confinement in a state, federal, or local correctional
facility. It is also the purpose of this chapter to promote the early
identification of ((mentally ill)) children with mental illness
and to ensure that they receive the mental health care and treatment which is
appropriate to their developmental level. This care should improve home,
school, and community functioning, maintain children in a safe and nurturing
home environment, and should enable treatment decisions to be made in response
to clinical needs in accordance with sound professional judgment while also
recognizing parents' rights to participate in treatment decisions for their
children;
(2) The involvement of persons with mental illness, their family members, and advocates in designing and implementing mental health services that reduce unnecessary hospitalization and incarceration and promote the recovery and employment of persons with mental illness. To improve the quality of services available and promote the rehabilitation, recovery, and reintegration of persons with mental illness, consumer and advocate participation in mental health services is an integral part of the community mental health system and shall be supported;
(3) Accountability of efficient and effective services through state-of-the-art outcome and performance measures and statewide standards for monitoring client and system outcomes, performance, and reporting of client and system outcome information. These processes shall be designed so as to maximize the use of available resources for direct care of people with a mental illness and to assure uniform data collection across the state;
(4) Minimum service delivery standards;
(5) Priorities for the use of
available resources for the care of ((the mentally ill)) individuals
with mental illness consistent with the priorities defined in the statute;
(6) Coordination of services within
the department, including those divisions within the department that provide
services to children, between the department and the office of the
superintendent of public instruction, and among state mental hospitals, county
authorities, ((regional support networks)) behavioral health and
recovery organizations, community mental health services, and other support
services, which shall to the maximum extent feasible also include the families
of ((the mentally ill)) individuals with mental illness, and
other service providers; and
(7) Coordination of services aimed at reducing duplication in service delivery and promoting complementary services among all entities that provide mental health services to adults and children.
It is the policy of the state to
encourage the provision of a full range of treatment and rehabilitation
services in the state for mental disorders including services operated by
consumers and advocates. The legislature intends to encourage the development
of regional mental health services with adequate local flexibility to assure
eligible people in need of care access to the least-restrictive treatment
alternative appropriate to their needs, and the availability of treatment
components to assure continuity of care. To this end, counties ((are
encouraged to)) must enter into joint operating agreements with
other counties to form regional systems of care that are consistent with the
regional service areas established under section 2 of this act. Regional
systems of care, whether operated by a county, group of counties, or another
entity shall integrate planning, administration, and service delivery duties
under chapters 71.05 and 71.24 RCW to consolidate administration, reduce
administrative layering, and reduce administrative costs. The legislature
hereby finds and declares that sound fiscal management requires vigilance to
ensure that funds appropriated by the legislature for the provision of needed
community mental health programs and services are ultimately expended solely
for the purpose for which they were appropriated, and not for any other
purpose.
It is further the intent of the
legislature to integrate the provision of services to provide continuity of
care through all phases of treatment. To this end, the legislature
intends to promote active engagement with ((mentally ill)) persons with
mental illness and collaboration between families and service providers.
Sec. 6. RCW 71.24.016 and 2006 c 333 s 102 are each amended to read as follows:
(1) The legislature intends that
eastern and western state hospitals shall operate as clinical centers for
handling the most complicated long-term care needs of patients with a primary
diagnosis of mental disorder. It is further the intent of the legislature that
the community mental health service delivery system focus on maintaining ((mentally
ill)) individuals with mental illness in the community. The program
shall be evaluated and managed through a limited number of outcome and
performance measures ((designed to hold each regional support network accountable
for program success)), as provided in RCW 43.20A.895, 70.320.020, and
71.36.025.
(2) The legislature intends to
address the needs of people with mental disorders with a targeted, coordinated,
and comprehensive set of evidence-based practices that are effective in serving
individuals in their community and will reduce the need for placements in state
mental hospitals. The legislature further intends to explicitly hold ((regional
support networks)) behavioral health and recovery organizations
accountable for serving people with mental disorders within the boundaries
of their ((geographic boundaries)) regional service area and
for not exceeding their allocation of state hospital beds. ((Within funds
appropriated by the legislature for this purpose, regional support networks
shall develop the means to serve the needs of people with mental disorders
within their geographic boundaries. Elements of the program may
include:
(a) Crisis triage;
(b) Evaluation and treatment and community hospital beds;
(c) Residential beds;
(d) Programs for community treatment teams; and
(e) Outpatient services.
(3) The regional support network shall have the flexibility,
within the funds appropriated by the legislature for this purpose, to design
the mix of services that will be most effective within their service area of
meeting the needs of people with mental disorders and avoiding placement of
such individuals at the state mental hospital. Regional support networks are
encouraged to maximize the use of evidence-based practices and alternative
resources with the goal of substantially reducing and potentially eliminating
the use of institutions for mental diseases.))
NEW SECTION. Sec. 7. A new section is added to chapter 71.24 RCW to read as follows:
(1) By December 1, 2018, the department and the health care authority shall report to the governor and the legislature regarding the preparedness of each regional service area to provide mental health services, chemical dependency services, and medical care services to medicaid clients under a fully integrated managed health care purchasing system.
(2) By January 1, 2020, the department and the health care authority must transition community behavioral health services to a system of fully integrated managed health care purchasing that provides mental health services, chemical dependency services, and medical care services to medicaid clients.
NEW SECTION. Sec. 8. A new section is added to chapter 71.24 RCW to read as follows:
(1) Within funds appropriated by the legislature for this purpose, behavioral health and recovery organizations shall develop the means to serve the needs of people with mental disorders residing within the boundaries of their regional service area. Elements of the program may include:
(a) Crisis diversion services;
(b) Evaluation and treatment and community hospital beds;
(c) Residential treatment;
(d) Programs for intensive community treatment;
(e) Outpatient services;
(f) Peer support services;
(g) Community support services;
(h) Resource management services; and
(i) Supported housing and supported employment services.
(2) The behavioral health and recovery organization shall have the flexibility, within the funds appropriated by the legislature for this purpose, the terms of their contract, and federal requirements for coverage of medicaid-funded services, to design the mix of services that will be most effective within their service area of meeting the needs of people with mental disorders and avoiding placement of such individuals at the state mental hospital. Behavioral health and recovery organizations are encouraged to maximize the use of evidence-based practices and alternative resources with the goal of substantially reducing and potentially eliminating the use of institutions for mental diseases.
Sec. 9. RCW 71.24.025 and 2013 c 338 s 5 are each amended to read as follows:
Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
(1) "Acutely mentally ill" means a condition which is limited to a short-term severe crisis episode of:
(a) A mental disorder as defined in RCW 71.05.020 or, in the case of a child, as defined in RCW 71.34.020;
(b) Being gravely disabled as defined in RCW 71.05.020 or, in the case of a child, a gravely disabled minor as defined in RCW 71.34.020; or
(c) Presenting a likelihood of serious harm as defined in RCW 71.05.020 or, in the case of a child, as defined in RCW 71.34.020.
(2) "Available resources" means funds appropriated for the purpose of providing community mental health programs, federal funds, except those provided according to Title XIX of the Social Security Act, and state funds appropriated under this chapter or chapter 71.05 RCW by the legislature during any biennium for the purpose of providing residential services, resource management services, community support services, and other mental health services. This does not include funds appropriated for the purpose of operating and administering the state psychiatric hospitals.
(3) "Child" means a person under the age of eighteen years.
(4) "Chronically mentally ill adult" or "adult who is chronically mentally ill" means an adult who has a mental disorder and meets at least one of the following criteria:
(a) Has undergone two or more episodes of hospital care for a mental disorder within the preceding two years; or
(b) Has experienced a continuous psychiatric hospitalization or residential treatment exceeding six months' duration within the preceding year; or
(c) Has been unable to engage in any substantial gainful activity by reason of any mental disorder which has lasted for a continuous period of not less than twelve months. "Substantial gainful activity" shall be defined by the department by rule consistent with Public Law 92-603, as amended.
(5) "Clubhouse" means a community-based program that provides rehabilitation services and is certified by the department of social and health services.
(6) "Community mental health program" means all mental health services, activities, or programs using available resources.
(7) "Community mental health
service delivery system" means public ((or)), private, or
tribal agencies that provide services specifically to persons with mental
disorders as defined under RCW 71.05.020 and receive funding from public
sources.
(8) "Community support
services" means services authorized, planned, and coordinated through
resource management services including, at a minimum, assessment, diagnosis,
emergency crisis intervention available twenty-four hours, seven days a week,
prescreening determinations for persons who are mentally ill being considered
for placement in nursing homes as required by federal law, screening for
patients being considered for admission to residential services, diagnosis and
treatment for children who are acutely mentally ill or severely emotionally
disturbed discovered under screening through the federal Title XIX early and
periodic screening, diagnosis, and treatment program, investigation, legal, and
other nonresidential services under chapter 71.05 RCW, case management
services, psychiatric treatment including medication supervision, counseling,
psychotherapy, assuring transfer of relevant patient information between
service providers, recovery services, and other services determined by ((regional
support networks)) behavioral health and recovery organizations.
(9) "Consensus-based" means a program or practice that has general support among treatment providers and experts, based on experience or professional literature, and may have anecdotal or case study support, or that is agreed but not possible to perform studies with random assignment and controlled groups.
(10) "County authority" means the board of county commissioners, county council, or county executive having authority to establish a community mental health program, or two or more of the county authorities specified in this subsection which have entered into an agreement to provide a community mental health program.
(11) "Department" means the department of social and health services.
(12) "Designated mental health professional" means a mental health professional designated by the county or other authority authorized in rule to perform the duties specified in this chapter.
(13) "Emerging best practice" or "promising practice" means a program or practice that, based on statistical analyses or a well established theory of change, shows potential for meeting the evidence-based or research-based criteria, which may include the use of a program that is evidence-based for outcomes other than those listed in subsection (14) of this section.
(14) "Evidence-based" means a program or practice that has been tested in heterogeneous or intended populations with multiple randomized, or statistically controlled evaluations, or both; or one large multiple site randomized, or statistically controlled evaluation, or both, where the weight of the evidence from a systemic review demonstrates sustained improvements in at least one outcome. "Evidence-based" also means a program or practice that can be implemented with a set of procedures to allow successful replication in Washington and, when possible, is determined to be cost-beneficial.
(15) "Licensed service
provider" means an entity licensed according to this chapter or chapter
71.05 or 70.96A RCW ((or)), an entity deemed to meet state
minimum standards as a result of accreditation by a recognized behavioral
health accrediting body recognized and having a current agreement with the
department, or tribal attestations that meet((s)) state minimum
standards or persons licensed under chapter 18.57, 18.71, 18.83, or 18.79 RCW,
as it applies to registered nurses and advanced registered nurse practitioners.
(16) "Long-term inpatient care" means inpatient services for persons committed for, or voluntarily receiving intensive treatment for, periods of ninety days or greater under chapter 71.05 RCW. "Long-term inpatient care" as used in this chapter does not include: (a) Services for individuals committed under chapter 71.05 RCW who are receiving services pursuant to a conditional release or a court-ordered less restrictive alternative to detention; or (b) services for individuals voluntarily receiving less restrictive alternative treatment on the grounds of the state hospital.
(17) "Mental health
services" means all services provided by ((regional support networks))
behavioral health and recovery organizations and other services provided
by the state for persons who are mentally ill.
(18) "Mentally ill persons," "persons who are mentally ill," and "the mentally ill" mean persons and conditions defined in subsections (1), (4), (27), and (28) of this section.
(19) "Recovery" means the process in which people are able to live, work, learn, and participate fully in their communities.
(20) "((Regional support
network)) Behavioral health and recovery organization" means ((a))
any county authority or group of county authorities or other entity
recognized by the secretary in contract in a defined region.
(21) "Registration
records" include all the records of the department, ((regional support
networks)) behavioral health and recovery organizations, treatment
facilities, and other persons providing services to the department, county
departments, or facilities which identify persons who are receiving or who at
any time have received services for mental illness.
(22) "Research-based" means a program or practice that has been tested with a single randomized, or statistically controlled evaluation, or both, demonstrating sustained desirable outcomes; or where the weight of the evidence from a systemic review supports sustained outcomes as described in subsection (14) of this section but does not meet the full criteria for evidence-based.
(23) "Residential
services" means a complete range of residences and supports authorized by
resource management services and which may involve a facility, a distinct part
thereof, or services which support community living, for persons who are
acutely mentally ill, adults who are chronically mentally ill, children who are
severely emotionally disturbed, or adults who are seriously disturbed and
determined by the ((regional support network)) behavioral health and
recovery organization to be at risk of becoming acutely or chronically
mentally ill. The services shall include at least evaluation and treatment
services as defined in chapter 71.05 RCW, acute crisis respite care, long-term
adaptive and rehabilitative care, and supervised and supported living services,
and shall also include any residential services developed to service persons
who are mentally ill in nursing homes, assisted living facilities, and adult
family homes, and may include outpatient services provided as an element in a
package of services in a supported housing model. Residential services for
children in out-of-home placements related to their mental disorder shall not
include the costs of food and shelter, except for children's long-term residential
facilities existing prior to January 1, 1991.
(24) "Resilience" means the personal and community qualities that enable individuals to rebound from adversity, trauma, tragedy, threats, or other stresses, and to live productive lives.
(25) "Resource management
services" mean the planning, coordination, and authorization of
residential services and community support services administered pursuant to an
individual service plan for: (a) Adults and children who are acutely mentally
ill; (b) adults who are chronically mentally ill; (c) children who are severely
emotionally disturbed; or (d) adults who are seriously disturbed and determined
solely by a ((regional support network)) behavioral health and
recovery organization to be at risk of becoming acutely or chronically
mentally ill. Such planning, coordination, and authorization shall include
mental health screening for children eligible under the federal Title XIX early
and periodic screening, diagnosis, and treatment program. Resource management services
include seven day a week, twenty-four hour a day availability of information
regarding enrollment of adults and children who are mentally ill in services
and their individual service plan to designated mental health professionals,
evaluation and treatment facilities, and others as determined by the ((regional
support network)) behavioral health and recovery organization.
(26) "Secretary" means the secretary of social and health services.
(27) "Seriously disturbed person" means a person who:
(a) Is gravely disabled or presents a likelihood of serious harm to himself or herself or others, or to the property of others, as a result of a mental disorder as defined in chapter 71.05 RCW;
(b) Has been on conditional release status, or under a less restrictive alternative order, at some time during the preceding two years from an evaluation and treatment facility or a state mental health hospital;
(c) Has a mental disorder which causes major impairment in several areas of daily living;
(d) Exhibits suicidal preoccupation or attempts; or
(e) Is a child diagnosed by a mental health professional, as defined in chapter 71.34 RCW, as experiencing a mental disorder which is clearly interfering with the child's functioning in family or school or with peers or is clearly interfering with the child's personality development and learning.
(28) "Severely emotionally
disturbed child" or "child who is severely emotionally
disturbed" means a child who has been determined by the ((regional
support network)) behavioral health and recovery organization to be
experiencing a mental disorder as defined in chapter 71.34 RCW, including those
mental disorders that result in a behavioral or conduct disorder, that is
clearly interfering with the child's functioning in family or school or with
peers and who meets at least one of the following criteria:
(a) Has undergone inpatient treatment or placement outside of the home related to a mental disorder within the last two years;
(b) Has undergone involuntary treatment under chapter 71.34 RCW within the last two years;
(c) Is currently served by at least one of the following child-serving systems: Juvenile justice, child-protection/welfare, special education, or developmental disabilities;
(d) Is at risk of escalating maladjustment due to:
(i) Chronic family dysfunction involving a caretaker who is mentally ill or inadequate;
(ii) Changes in custodial adult;
(iii) Going to, residing in, or returning from any placement outside of the home, for example, psychiatric hospital, short-term inpatient, residential treatment, group or foster home, or a correctional facility;
(iv) Subject to repeated physical abuse or neglect;
(v) Drug or alcohol abuse; or
(vi) Homelessness.
(29) "State minimum standards" means minimum requirements established by rules adopted by the secretary and necessary to implement this chapter for: (a) Delivery of mental health services; (b) licensed service providers for the provision of mental health services; (c) residential services; and (d) community support services and resource management services.
(30) "Treatment records"
include registration and all other records concerning persons who are receiving
or who at any time have received services for mental illness, which are
maintained by the department, by ((regional support networks)) behavioral
health and recovery organizations and their staffs, and by treatment
facilities. Treatment records do not include notes or records maintained for
personal use by a person providing treatment services for the department, ((regional
support networks)) behavioral health and recovery organizations, or
a treatment facility if the notes or records are not available to others.
(31) "Tribal authority,"
for the purposes of this section and RCW 71.24.300 only, means: The federally
recognized Indian tribes and the major Indian organizations recognized by the
secretary insofar as these organizations do not have a financial relationship
with any ((regional support network)) behavioral health and recovery
organization that would present a conflict of interest.
(32) "Behavioral health services" means mental health services as described in this chapter and chapter 71.36 RCW and chemical dependency treatment services as described in chapter 70.96A RCW.
Sec. 10. RCW 71.24.035 and 2013 c 200 s 24 are each amended to read as follows:
(1) The department is designated as the state mental health authority.
(2) The secretary shall provide for
public, client, tribal, and licensed service provider participation in
developing the state mental health program, developing contracts with ((regional
support networks)) behavioral health and recovery organizations, and
any waiver request to the federal government under medicaid.
(3) The secretary shall provide for participation in developing the state mental health program for children and other underserved populations, by including representatives on any committee established to provide oversight to the state mental health program.
(4) The secretary shall be
designated as the ((regional support network)) behavioral health and
recovery organization if the ((regional support network)) behavioral
health and recovery organization fails to meet state minimum standards or
refuses to exercise responsibilities under its contract or RCW
71.24.045, until such time as a new ((regional support network)) behavioral
health and recovery organization is designated ((under RCW 71.24.320)).
(5) The secretary shall:
(a) Develop a biennial state mental
health program that incorporates regional biennial needs assessments and
regional mental health service plans and state services for adults and children
with mental illness((. The secretary shall also develop a six-year state
mental health plan));
(b) Assure that any ((regional))
behavioral health and recovery organization or county community mental
health program provides ((access to treatment for the region's residents,
including parents who are respondents independency cases, in the following
order of priority: (i) Persons with acute mental illness; (ii) adults with
chronic mental illness and children who are severely emotionally disturbed; and
(iii) persons who are seriously disturbed. Such programs shall provide:
(A) Outpatient services;
(B) Emergency care services for twenty-four hours per day;
(C) Day treatment for persons with mental illness which
includes training in basic living and social skills, supported work, vocational
rehabilitation, and day activities. Such services may include therapeutic
treatment. In the case of a child, day treatment includes age-appropriate
basic living and social skills, educational and prevocational services, day
activities, and therapeutic treatment;
(D) Screening for patients being considered for admission to
state mental health facilities to determine the appropriateness of admission;
(E) Employment services, which may include supported
employment, transitional work, placement in competitive employment, and other
work-related services, that result in persons with mental illness becoming
engaged in meaningful and gainful full or part-time work. Other sources of
funding such as the division of vocational rehabilitation may be utilized by
the secretary to maximize federal funding and provide for integration of
services;
(F) Consultation and education services; and
(G) Community support services)) medically necessary
services to medicaid recipients consistent with the state's medicaid state plan
or federal waiver authorities, and nonmedicaid services consistent with
priorities established by the department;
(c) Develop and adopt rules establishing state minimum standards for the delivery of mental health services pursuant to RCW 71.24.037 including, but not limited to:
(i) Licensed service providers. These rules shall permit a county-operated mental health program to be licensed as a service provider subject to compliance with applicable statutes and rules. The secretary shall provide for deeming of compliance with state minimum standards for those entities accredited by recognized behavioral health accrediting bodies recognized and having a current agreement with the department; and
(ii) ((Regional support
networks; and
(iii))) Inpatient services, evaluation and treatment
services and facilities under chapter 71.05 RCW, resource management services,
and community support services;
(d) Assure that the special needs of persons who are minorities, elderly, disabled, children, low-income, and parents who are respondents in dependency cases are met within the priorities established in this section;
(e) Establish a standard contract
or contracts, consistent with state minimum standards((, RCW 71.24.320 and
71.24.330,)) which shall be used in contracting with ((regional support
networks)) behavioral health and recovery organizations. The
standard contract shall include a maximum fund balance, which shall be
consistent with that required by federal regulations or waiver stipulations;
(f) Establish, to the extent
possible, a standardized auditing procedure which is designed to assure
compliance with contractual agreements authorized by this chapter and
minimizes paperwork requirements of ((regional support networks)) behavioral
health and recovery organizations and licensed service providers. The
audit procedure shall focus on the outcomes of service ((and not the
processes for accomplishing them)) as provided in RCW 43.20A.895,
70.320.020, and 71.36.025;
(g) Develop and maintain an
information system to be used by the state and ((regional support networks))
behavioral health and recovery organizations that includes a tracking
method which allows the department and ((regional support networks)) behavioral
health and recovery organizations to identify mental health clients'
participation in any mental health service or public program on an immediate
basis. The information system shall not include individual patient's case
history files. Confidentiality of client information and records shall be
maintained as provided in this chapter and chapter 70.02 RCW;
(h) License service providers who meet state minimum standards;
(i) ((Certify regional support
networks that meet state minimum standards;
(j))) Periodically monitor the compliance of ((certified
regional support networks)) behavioral health and recovery organizations
and their network of licensed service providers for compliance with the
contract between the department, the ((regional support network)) behavioral
health and recovery organization, and federal and state rules at reasonable
times and in a reasonable manner;
(((k))) (j) Fix fees
to be paid by evaluation and treatment centers to the secretary for the
required inspections;
(((l))) (k) Monitor
and audit ((regional support networks)) behavioral health and
recovery organizations and licensed service providers as needed to assure
compliance with contractual agreements authorized by this chapter;
(((m))) (l) Adopt
such rules as are necessary to implement the department's responsibilities
under this chapter;
(((n) Assure the availability of
an appropriate amount, as determined by the legislature in the operating budget
by amounts appropriated for this specific purpose, of community-based,
geographically distributed residential services;
(o))) (m) License or certify crisis stabilization
units that meet state minimum standards;
(((p))) (n) License or certify
clubhouses that meet state minimum standards; and
(((q))) (o) License or certify
triage facilities that meet state minimum standards.
(6) The secretary shall use
available resources only for ((regional support networks)) behavioral
health and recovery organizations, except:
(a) To the extent authorized, and in accordance with any
priorities or conditions specified, in the biennial appropriations act; or
(b) To incentivize improved performance with respect to the
client outcomes established in RCW 43.20A.895, 70.320.020, and 71.36.025,
integration of behavioral health and medical services at the clinical level,
and improved care coordination for individuals with complex care needs.
(7) Each ((certified regional
support network)) behavioral health and recovery organization and
licensed service provider shall file with the secretary, on request, such data,
statistics, schedules, and information as the secretary reasonably requires. A
((certified regional support network)) behavioral health and recovery
organization or licensed service provider which, without good cause, fails
to furnish any data, statistics, schedules, or information as requested, or
files fraudulent reports thereof, may be subject to the behavioral health
and recovery organization contractual remedies in section 3 of this act or
may have its service provider certification or license revoked or
suspended.
(8) The secretary may suspend, revoke, limit, or restrict a certification or license, or refuse to grant a certification or license for failure to conform to: (a) The law; (b) applicable rules and regulations; (c) applicable standards; or (d) state minimum standards.
(9) The superior court may restrain
any ((regional support network)) behavioral health and recovery
organization or service provider from operating without a contract,
certification, or a license or any other violation of this section. The
court may also review, pursuant to procedures contained in chapter 34.05 RCW,
any denial, suspension, limitation, restriction, or revocation of certification
or license, and grant other relief required to enforce the provisions of this
chapter.
(10) Upon petition by the
secretary, and after hearing held upon reasonable notice to the facility, the
superior court may issue a warrant to an officer or employee of the secretary
authorizing him or her to enter at reasonable times, and examine the records,
books, and accounts of any ((regional support network)) behavioral
health and recovery organizations or service provider refusing to consent
to inspection or examination by the authority.
(11) Notwithstanding the existence
or pursuit of any other remedy, the secretary may file an action for an injunction
or other process against any person or governmental unit to restrain or prevent
the establishment, conduct, or operation of a ((regional support network))
behavioral health and recovery organization or service provider without a
contract, certification, or a license under this chapter.
(12) The standards for certification or licensure of evaluation and treatment facilities shall include standards relating to maintenance of good physical and mental health and other services to be afforded persons pursuant to this chapter and chapters 71.05 and 71.34 RCW, and shall otherwise assure the effectuation of the purposes of these chapters.
(13) The standards for certification or licensure of crisis stabilization units shall include standards that:
(a) Permit location of the units at a jail facility if the unit is physically separate from the general population of the jail;
(b) Require administration of the unit by mental health professionals who direct the stabilization and rehabilitation efforts; and
(c) Provide an environment affording security appropriate with the alleged criminal behavior and necessary to protect the public safety.
(14) The standards for certification or licensure of a clubhouse shall at a minimum include:
(a) The facilities may be peer‑operated and must be recovery‑focused;
(b) Members and employees must work together;
(c) Members must have the opportunity to participate in all the work of the clubhouse, including administration, research, intake and orientation, outreach, hiring, training and evaluation of staff, public relations, advocacy, and evaluation of clubhouse effectiveness;
(d) Members and staff and ultimately the clubhouse director must be responsible for the operation of the clubhouse, central to this responsibility is the engagement of members and staff in all aspects of clubhouse operations;
(e) Clubhouse programs must be comprised of structured activities including but not limited to social skills training, vocational rehabilitation, employment training and job placement, and community resource development;
(f) Clubhouse programs must provide in‑house educational programs that significantly utilize the teaching and tutoring skills of members and assist members by helping them to take advantage of adult education opportunities in the community;
(g) Clubhouse programs must focus on strengths, talents, and abilities of its members;
(h) The work‑ordered day may not include medication clinics, day treatment, or other therapy programs within the clubhouse.
(15) The department shall distribute appropriated state and federal funds in accordance with any priorities, terms, or conditions specified in the appropriations act.
(16) The secretary shall assume all
duties assigned to the nonparticipating ((regional support networks)) behavioral
health and recovery organizations under chapters 71.05 and 71.34 RCW and
this chapter. Such responsibilities shall include those which would have been
assigned to the nonparticipating counties in regions where there are not
participating ((regional support networks)) behavioral health and
recovery organizations.
The ((regional support networks))
behavioral health and recovery organizations, or the secretary's
assumption of all responsibilities under chapters 71.05 and 71.34 RCW and this
chapter, shall be included in all state and federal plans affecting the state
mental health program including at least those required by this chapter, the
medicaid program, and P.L. 99-660. Nothing in these plans shall be
inconsistent with the intent and requirements of this chapter.
(17) The secretary shall:
(a) Disburse funds for the ((regional
support networks)) behavioral health and recovery organizations
within sixty days of approval of the biennial contract. The department must
either approve or reject the biennial contract within sixty days of receipt.
(b) Enter into biennial contracts
with ((regional support networks)) behavioral health and recovery
organizations. The contracts shall be consistent with available
resources. No contract shall be approved that does not include progress toward
meeting the goals of this chapter by taking responsibility for: (i) Short-term
commitments; (ii) residential care; and (iii) emergency response systems.
(c) Notify ((regional support
networks)) behavioral health and recovery organizations of their
allocation of available resources at least sixty days prior to the start of a
new biennial contract period.
(d) Deny all or part of the funding
allocations to ((regional support networks)) behavioral health and
recovery organizations based solely upon formal findings of noncompliance
with the terms of the ((regional support network's)) behavioral
health and recovery organization's contract with the department. ((Regional
support networks)) Behavioral health and recovery organizations
disputing the decision of the secretary to withhold funding allocations are
limited to the remedies provided in the department's contracts with the ((regional
support networks)) behavioral health and recovery organizations.
(18) The department, in cooperation with the state congressional delegation, shall actively seek waivers of federal requirements and such modifications of federal regulations as are necessary to allow federal medicaid reimbursement for services provided by freestanding evaluation and treatment facilities certified under chapter 71.05 RCW. The department shall periodically report its efforts to the appropriate committees of the senate and the house of representatives.
Sec. 11. RCW 71.24.045 and 2006 c 333 s 105 are each amended to read as follows:
The ((regional support network))
behavioral health and recovery organization shall:
(1) Contract as needed with
licensed service providers. The ((regional support network)) behavioral
health and recovery and recovery organization may, in the absence of a
licensed service provider entity, become a licensed service provider entity
pursuant to minimum standards required for licensing by the department for the
purpose of providing services not available from licensed service providers;
(2) Operate as a licensed service
provider if it deems that doing so is more efficient and cost effective than
contracting for services. When doing so, the ((regional support network))
behavioral health and recovery organization shall comply with rules
promulgated by the secretary that shall provide measurements to determine when
a ((regional support network)) behavioral health and recovery
organization provided service is more efficient and cost effective;
(3) Monitor and perform biennial
fiscal audits of licensed service providers who have contracted with the ((regional
support network)) behavioral health and recovery organization to
provide services required by this chapter. The monitoring and audits shall be
performed by means of a formal process which insures that the licensed service
providers and professionals designated in this subsection meet the terms of
their contracts;
(4) Assure that the special needs
of minorities, the elderly, ((disabled)) individuals with
disabilities, children, and low-income persons are met within the
priorities established in this chapter;
(5) Maintain patient tracking information in a central location as required for resource management services and the department's information system;
(6) Collaborate to ensure that
policies do not result in an adverse shift of ((mentally ill)) persons with
mental illness into state and local correctional facilities;
(7) Work with the department to expedite the enrollment or re-enrollment of eligible persons leaving state or local correctional facilities and institutions for mental diseases;
(8) ((If a regional support
network is not operated by the county,)) Work closely with the
county designated mental health professional or county designated crisis
responder to maximize appropriate placement of persons into community services;
and
(9) Coordinate services for individuals who have received services through the community mental health system and who become patients at a state mental hospital to ensure they are transitioned into the community in accordance with mutually agreed upon discharge plans and upon determination by the medical director of the state mental hospital that they no longer need intensive inpatient care.
Sec. 12. RCW 71.24.100 and 2012 c 117 s 442 are each amended to read as follows:
A county authority or a group of
county authorities may enter into a joint operating agreement to ((form))
respond to a request for a detailed plan and contract with the state to
operate a ((regional support network)) behavioral health and
recovery organization whose boundaries are consistent with the regional service
areas established under section 2 of this act. Any agreement between two
or more county authorities ((for the establishment of a regional support
network)) shall provide:
(1) That each county shall bear a share of the cost of mental health services; and
(2) That the treasurer of one participating county shall be the custodian of funds made available for the purposes of such mental health services, and that the treasurer may make payments from such funds upon audit by the appropriate auditing officer of the county for which he or she is treasurer.
Sec. 13. RCW 71.24.110 and 1999 c 10 s 7 are each amended to read as follows:
An agreement ((for the
establishment of a community mental health program)) to contract with
the state to operate a behavioral health and recovery organization under
RCW 71.24.100 may also provide:
(1) For the joint supervision or operation of services and facilities, or for the supervision or operation of service and facilities by one participating county under contract for the other participating counties; and
(2) For such other matters as are necessary or proper to effectuate the purposes of this chapter.
Sec. 14. RCW 71.24.340 and 2005 c 503 s 13 are each amended to read as follows:
The secretary shall require the ((regional
support networks)) behavioral health and recovery organizations to
develop ((interlocal agreements pursuant to RCW 74.09.555. To this end, the
regional support networks shall)) agreements with city and county jails
to accept referrals for enrollment on behalf of a confined person, prior to
the person's release.
Sec. 15. RCW 71.24.420 and 2001 c 323 s 2 are each amended to read as follows:
The department shall operate the community mental health service delivery system authorized under this chapter within the following constraints:
(1) The full amount of federal funds for mental health services, plus qualifying state expenditures as appropriated in the biennial operating budget, shall be appropriated to the department each year in the biennial appropriations act to carry out the provisions of the community mental health service delivery system authorized in this chapter.
(2) The department may expend funds
defined in subsection (1) of this section in any manner that will effectively
accomplish the outcome measures ((defined in section 5 of this act)) established
in RCW 43.20A.895 and 71.36.025 and performance measures linked to those
outcomes.
(3) The department shall implement
strategies that accomplish the outcome measures ((identified in section 5 of
this act that are within the funding constraints in this section)) established
in RCW 43.20A.895, 70.320.020, and 71.36.025 and performance measures linked to
those outcomes.
(4) The department shall monitor expenditures against the appropriation levels provided for in subsection (1) of this section.
Sec. 16. RCW 70.96A.020 and 2001 c 13 s 1 are each amended to read as follows:
For the purposes of this chapter the following words and phrases shall have the following meanings unless the context clearly requires otherwise:
(1) "Alcoholic" means a person who suffers from the disease of alcoholism.
(2) "Alcoholism" means a disease, characterized by a dependency on alcoholic beverages, loss of control over the amount and circumstances of use, symptoms of tolerance, physiological or psychological withdrawal, or both, if use is reduced or discontinued, and impairment of health or disruption of social or economic functioning.
(3) "Approved treatment program" means a discrete program of chemical dependency treatment provided by a treatment program certified by the department of social and health services as meeting standards adopted under this chapter.
(4) "Chemical dependency" means:
(a) Alcoholism; (b) drug addiction; or (c) dependence on alcohol and one or more other psychoactive chemicals, as the context requires.
(5) "Chemical dependency program" means expenditures and activities of the department designed and conducted to prevent or treat alcoholism and other drug addiction, including reasonable administration and overhead.
(6) "Department" means the department of social and health services.
(7) "Designated chemical dependency specialist" or "specialist" means a person designated by the county alcoholism and other drug addiction program coordinator designated under RCW 70.96A.310 to perform the commitment duties described in RCW 70.96A.140 and qualified to do so by meeting standards adopted by the department.
(8) "Director" means the person administering the chemical dependency program within the department.
(9) "Drug addict" means a person who suffers from the disease of drug addiction.
(10) "Drug addiction" means a disease characterized by a dependency on psychoactive chemicals, loss of control over the amount and circumstances of use, symptoms of tolerance, physiological or psychological withdrawal, or both, if use is reduced or discontinued, and impairment of health or disruption of social or economic functioning.
(11) "Emergency service patrol" means a patrol established under RCW 70.96A.170.
(12) "Gravely disabled by alcohol or other psychoactive chemicals" or "gravely disabled" means that a person, as a result of the use of alcohol or other psychoactive chemicals: (a) Is in danger of serious physical harm resulting from a failure to provide for his or her essential human needs of health or safety; or (b) manifests severe deterioration in routine functioning evidenced by a repeated and escalating loss of cognition or volitional control over his or her actions and is not receiving care as essential for his or her health or safety.
(13) "History of one or more violent acts" refers to the period of time ten years prior to the filing of a petition under this chapter, excluding any time spent, but not any violent acts committed, in a mental health facility, or a long-term alcoholism or drug treatment facility, or in confinement.
(14) "Incapacitated by alcohol or other psychoactive chemicals" means that a person, as a result of the use of alcohol or other psychoactive chemicals, is gravely disabled or presents a likelihood of serious harm to himself or herself, to any other person, or to property.
(15) "Incompetent person" means a person who has been adjudged incompetent by the superior court.
(16) "Intoxicated person" means a person whose mental or physical functioning is substantially impaired as a result of the use of alcohol or other psychoactive chemicals.
(17) "Licensed physician" means a person licensed to practice medicine or osteopathic medicine and surgery in the state of Washington.
(18) "Likelihood of serious harm" means:
(a) A substantial risk that: (i) Physical harm will be inflicted by an individual upon his or her own person, as evidenced by threats or attempts to commit suicide or inflict physical harm on one's self; (ii) physical harm will be inflicted by an individual upon another, as evidenced by behavior that has caused the harm or that places another person or persons in reasonable fear of sustaining the harm; or (iii) physical harm will be inflicted by an individual upon the property of others, as evidenced by behavior that has caused substantial loss or damage to the property of others; or
(b) The individual has threatened the physical safety of another and has a history of one or more violent acts.
(19) "Medical necessity" for inpatient care of a minor means a requested certified inpatient service that is reasonably calculated to: (a) Diagnose, arrest, or alleviate a chemical dependency; or (b) prevent the worsening of chemical dependency conditions that endanger life or cause suffering and pain, or result in illness or infirmity or threaten to cause or aggravate a handicap, or cause physical deformity or malfunction, and there is no adequate less restrictive alternative available.
(20) "Minor" means a person less than eighteen years of age.
(21) "Parent" means the parent or parents who have the legal right to custody of the child. Parent includes custodian or guardian.
(22) "Peace officer" means a law enforcement official of a public agency or governmental unit, and includes persons specifically given peace officer powers by any state law, local ordinance, or judicial order of appointment.
(23) "Person" means an individual, including a minor.
(24) "Professional person in charge" or "professional person" means a physician or chemical dependency counselor as defined in rule by the department, who is empowered by a certified treatment program with authority to make assessment, admission, continuing care, and discharge decisions on behalf of the certified program.
(25) "Secretary" means the secretary of the department of social and health services.
(26) "Treatment" means the broad range of emergency, detoxification, residential, and outpatient services and care, including diagnostic evaluation, chemical dependency education and counseling, medical, psychiatric, psychological, and social service care, vocational rehabilitation and career counseling, which may be extended to alcoholics and other drug addicts and their families, persons incapacitated by alcohol or other psychoactive chemicals, and intoxicated persons.
(27) "Treatment program" means an organization, institution, or corporation, public or private, engaged in the care, treatment, or rehabilitation of alcoholics or other drug addicts.
(28) "Violent act" means behavior that resulted in homicide, attempted suicide, nonfatal injuries, or substantial damage to property.
(29) "Behavioral health and recovery
organization" means a county authority or group of county authorities or
other entity recognized by the secretary in contract in a defined regional
service area.
(30) "Behavioral health services" means mental
health services as described in chapters 71.24 and 71.36 RCW and chemical
dependency treatment services as described in this chapter.
Sec. 17. RCW 70.96A.040 and 1989 c 270 s 5 are each amended to read as follows:
The department, in the operation of the chemical dependency program may:
(1) Plan, establish, and maintain prevention and treatment programs as necessary or desirable;
(2) Make contracts necessary or incidental to the performance of its duties and the execution of its powers, including managed care contracts for behavioral health services, contracts entered into under RCW 74.09.522, and contracts with public and private agencies, organizations, and individuals to pay them for services rendered or furnished to alcoholics or other drug addicts, persons incapacitated by alcohol or other psychoactive chemicals, or intoxicated persons;
(3) Enter into agreements for monitoring of verification of qualifications of counselors employed by approved treatment programs;
(4) Adopt rules under chapter 34.05 RCW to carry out the provisions and purposes of this chapter and contract, cooperate, and coordinate with other public or private agencies or individuals for those purposes;
(5) Solicit and accept for use any gift of money or property made by will or otherwise, and any grant of money, services, or property from the federal government, the state, or any political subdivision thereof or any private source, and do all things necessary to cooperate with the federal government or any of its agencies in making an application for any grant;
(6) Administer or supervise the administration of the provisions relating to alcoholics, other drug addicts, and intoxicated persons of any state plan submitted for federal funding pursuant to federal health, welfare, or treatment legislation;
(7) Coordinate its activities and cooperate with chemical dependency programs in this and other states, and make contracts and other joint or cooperative arrangements with state, local, or private agencies in this and other states for the treatment of alcoholics and other drug addicts and their families, persons incapacitated by alcohol or other psychoactive chemicals, and intoxicated persons and for the common advancement of chemical dependency programs;
(8) Keep records and engage in research and the gathering of relevant statistics;
(9) Do other acts and things necessary or convenient to execute the authority expressly granted to it;
(10) Acquire, hold, or dispose of real property or any interest therein, and construct, lease, or otherwise provide treatment programs.
Sec. 18. RCW 70.96A.050 and 2001 c 13 s 2 are each amended to read as follows:
The department shall:
(1) Develop, encourage, and foster statewide, regional, and local plans and programs for the prevention of alcoholism and other drug addiction, treatment of alcoholics and other drug addicts and their families, persons incapacitated by alcohol or other psychoactive chemicals, and intoxicated persons in cooperation with public and private agencies, organizations, and individuals and provide technical assistance and consultation services for these purposes;
(2) Assure that any behavioral
health and recovery organization managed care contract or managed care contract
under RCW 74.09.522 for behavioral health services or program for the treatment
of alcoholics and other drug addicts and their families, persons incapacitated
by alcohol or other psychoactive chemicals, and intoxicated persons provides medically
necessary services to medicaid recipients. This must include a continuum of
mental health and chemical dependency services consistent with the state's
medicaid plan or federal waiver authorities, and nonmedicaid services
consistent with priorities established by the department;
(3) Coordinate the efforts and enlist the assistance of
all public and private agencies, organizations, and individuals interested in
prevention of alcoholism and drug addiction, and treatment of alcoholics and
other drug addicts and their families, persons incapacitated by alcohol or
other psychoactive chemicals, and intoxicated persons;
(((3))) (4) Cooperate
with public and private agencies in establishing and conducting programs to
provide treatment for alcoholics and other drug addicts and their families,
persons incapacitated by alcohol or other psychoactive chemicals, and
intoxicated persons who are clients of the correctional system;
(((4))) (5) Cooperate
with the superintendent of public instruction, state board of education,
schools, police departments, courts, and other public and private agencies,
organizations and individuals in establishing programs for the prevention of
alcoholism and other drug addiction, treatment of alcoholics or other drug
addicts and their families, persons incapacitated by alcohol or other
psychoactive chemicals, and intoxicated persons, and preparing curriculum
materials thereon for use at all levels of school education;
(((5))) (6) Prepare,
publish, evaluate, and disseminate educational material dealing with the nature
and effects of alcohol and other psychoactive chemicals and the consequences of
their use;
(((6))) (7) Develop
and implement, as an integral part of treatment programs, an educational
program for use in the treatment of alcoholics or other drug addicts, persons
incapacitated by alcohol or other psychoactive chemicals, and intoxicated
persons, which program shall include the dissemination of information
concerning the nature and effects of alcohol and other psychoactive chemicals,
the consequences of their use, the principles of recovery, and HIV and AIDS;
(((7))) (8) Organize
and foster training programs for persons engaged in treatment of alcoholics or
other drug addicts, persons incapacitated by alcohol or other psychoactive
chemicals, and intoxicated persons;
(((8))) (9) Sponsor
and encourage research into the causes and nature of alcoholism and other drug
addiction, treatment of alcoholics and other drug addicts, persons
incapacitated by alcohol or other psychoactive chemicals, and intoxicated
persons, and serve as a clearinghouse for information relating to alcoholism or
other drug addiction;
(((9))) (10) Specify
uniform methods for keeping statistical information by public and private
agencies, organizations, and individuals, and collect and make available
relevant statistical information, including number of persons treated,
frequency of admission and readmission, and frequency and duration of
treatment;
(((10))) (11) Advise
the governor in the preparation of a comprehensive plan for treatment of
alcoholics and other drug addicts, persons incapacitated by alcohol or other
psychoactive chemicals, and intoxicated persons for inclusion in the state's
comprehensive health plan;
(((11))) (12) Review
all state health, welfare, and treatment plans to be submitted for federal
funding under federal legislation, and advise the governor on provisions to be
included relating to alcoholism and other drug addiction, persons incapacitated
by alcohol or other psychoactive chemicals, and intoxicated persons;
(((12))) (13) Assist
in the development of, and cooperate with, programs for alcohol and other
psychoactive chemical education and treatment for employees of state and local
governments and businesses and industries in the state;
(((13))) (14) Use the
support and assistance of interested persons in the community to encourage
alcoholics and other drug addicts voluntarily to undergo treatment;
(((14))) (15)
Cooperate with public and private agencies in establishing and conducting
programs designed to deal with the problem of persons operating motor vehicles
while intoxicated;
(((15))) (16)
Encourage general hospitals and other appropriate health facilities to admit
without discrimination alcoholics and other drug addicts, persons incapacitated
by alcohol or other psychoactive chemicals, and intoxicated persons and to
provide them with adequate and appropriate treatment;
(((16))) (17)
Encourage all health and disability insurance programs to include alcoholism
and other drug addiction as a covered illness; and
(((17))) (18)
Organize and sponsor a statewide program to help court personnel, including
judges, better understand the disease of alcoholism and other drug addiction
and the uses of chemical dependency treatment programs.
Sec. 19. RCW 70.96A.080 and 1989 c 270 s 18 are each amended to read as follows:
(1) In coordination with the
health care authority, the department shall establish by ((all))
appropriate means, ((including contracting for services,)) a
comprehensive and coordinated ((discrete)) program for the treatment of
alcoholics and other drug addicts and their families, persons incapacitated by
alcohol or other psychoactive chemicals, and intoxicated persons.
(2)(a) The program shall include, but not necessarily be limited to, a continuum of chemical dependency treatment services that includes:
(((a))) (i)
Detoxification services available twenty-four hours a day;
(((b))) (ii)
Residential treatment; ((and
(c))) (iii) Outpatient treatment, including
medication assisted treatment; and
(iv) Contracts with at least one provider directly or
through contracts with behavioral health and recovery organizations, for case
management and residential treatment services for pregnant and parenting women.
(b) The program may include peer support, supported housing, supported employment, crisis diversion, or recovery support services.
(3) All appropriate public and private resources shall be coordinated with and used in the program when possible.
(4) The department may contract for the use of an approved treatment program or other individual or organization if the secretary considers this to be an effective and economical course to follow.
(5) By April 1, 2016, treatment provided under this chapter must be purchased primarily through managed care contracts. Consistent with RCW 70.96A.350, services and funding provided through the criminal justice treatment account are intended to be exempted from managed care contracting.
Sec. 20. RCW 70.96A.320 and 2013 c 320 s 8 are each amended to read as follows:
(1) A county legislative authority, or two or more counties acting jointly, may establish an alcoholism and other drug addiction program. If two or more counties jointly establish the program, they shall designate one county to provide administrative and financial services.
(2) To be eligible for funds from the department for the support of the county alcoholism and other drug addiction program, the county legislative authority shall establish a county alcoholism and other drug addiction board under RCW 70.96A.300 and appoint a county alcoholism and other drug addiction program coordinator under RCW 70.96A.310.
(3) The county legislative authority may apply to the department for financial support for the county program of alcoholism and other drug addiction. To receive financial support, the county legislative authority shall submit a plan that meets the following conditions:
(a) It shall describe the prevention, early intervention, or recovery support services and activities to be provided;
(b) It shall include anticipated expenditures and revenues;
(c) It shall be prepared by the county alcoholism and other drug addiction program board and be adopted by the county legislative authority;
(d) It shall reflect maximum effective use of existing services and programs; and
(e) It shall meet other conditions that the secretary may require.
(4) The county may accept and spend gifts, grants, and fees, from public and private sources, to implement its program of alcoholism and other drug addiction.
(5) The department shall require that any agreement to provide financial support to a county that performs the activities of a service coordination organization for alcoholism and other drug addiction services must incorporate the expected outcomes and criteria to measure the performance of service coordination organizations as provided in chapter 70.320 RCW.
(6) The county may subcontract for prevention, early intervention, or recovery support services with approved prevention or treatment programs.
(7) To continue to be eligible for financial support from the department for the county alcoholism and other drug addiction program, an increase in state financial support shall not be used to supplant local funds from a source that was used to support the county alcoholism and other drug addiction program before the effective date of the increase.
Sec. 21. RCW 71.24.049 and 2001 c 323 s 13 are each amended to read as follows:
By January 1st of each odd-numbered
year, the ((regional support network)) behavioral health and recovery
organization shall identify: (1) The number of children in each priority
group, as defined by this chapter, who are receiving mental health services
funded in part or in whole under this chapter, (2) the amount of funds under
this chapter used for children's mental health services, (3) an estimate of the
number of unserved children in each priority group, and (4) the estimated cost
of serving these additional children and their families.
Sec. 22. RCW 71.24.061 and 2007 c 359 s 7 are each amended to read as follows:
(1) The department shall provide
flexibility in provider contracting to ((regional support networks)) behavioral
health and recovery organizations for children's mental health services.
Beginning with 2007-2009 biennium contracts, ((regional support network))
behavioral health and recovery organization contracts shall authorize ((regional
support networks)) behavioral health and recovery organizations to
allow and encourage licensed community mental health centers to subcontract
with individual licensed mental health professionals when necessary to meet the
need for an adequate, culturally competent, and qualified children's mental
health provider network.
(2) To the extent that funds are specifically appropriated for this purpose or that nonstate funds are available, a children's mental health evidence-based practice institute shall be established at the University of Washington division of public behavioral health and justice policy. The institute shall closely collaborate with entities currently engaged in evaluating and promoting the use of evidence-based, research‑based, promising, or consensus‑based practices in children's mental health treatment, including but not limited to the University of Washington department of psychiatry and behavioral sciences, children's hospital and regional medical center, the University of Washington school of nursing, the University of Washington school of social work, and the Washington state institute for public policy. To ensure that funds appropriated are used to the greatest extent possible for their intended purpose, the University of Washington's indirect costs of administration shall not exceed ten percent of appropriated funding. The institute shall:
(a) Improve the implementation of evidence-based and research‑based practices by providing sustained and effective training and consultation to licensed children's mental health providers and child‑serving agencies who are implementing evidence‑based or researched-based practices for treatment of children's emotional or behavioral disorders, or who are interested in adapting these practices to better serve ethnically or culturally diverse children. Efforts under this subsection should include a focus on appropriate oversight of implementation of evidence‑based practices to ensure fidelity to these practices and thereby achieve positive outcomes;
(b) Continue the successful implementation of the "partnerships for success" model by consulting with communities so they may select, implement, and continually evaluate the success of evidence-based practices that are relevant to the needs of children, youth, and families in their community;
(c) Partner with youth, family members, family advocacy, and culturally competent provider organizations to develop a series of information sessions, literature, and online resources for families to become informed and engaged in evidence-based and research‑based practices;
(d) Participate in the identification of outcome-based performance measures under RCW 71.36.025(2) and partner in a statewide effort to implement statewide outcomes monitoring and quality improvement processes; and
(e) Serve as a statewide resource to the department and other entities on child and adolescent evidence-based, research-based, promising, or consensus‑based practices for children's mental health treatment, maintaining a working knowledge through ongoing review of academic and professional literature, and knowledge of other evidence-based practice implementation efforts in Washington and other states.
(3) To the extent that funds are specifically appropriated for this purpose, the department in collaboration with the evidence-based practice institute shall implement a pilot program to support primary care providers in the assessment and provision of appropriate diagnosis and treatment of children with mental and behavioral health disorders and track outcomes of this program. The program shall be designed to promote more accurate diagnoses and treatment through timely case consultation between primary care providers and child psychiatric specialists, and focused educational learning collaboratives with primary care providers.
Sec. 23. RCW 71.24.155 and 2001 c 323 s 14 are each amended to read as follows:
Grants shall be made by the
department to ((regional support networks)) behavioral health and
recovery organizations for community mental health programs totaling not
less than ninety-five percent of available resources. The department may use
up to forty percent of the remaining five percent to provide community
demonstration projects, including early intervention or primary prevention
programs for children, and the remainder shall be for emergency needs and
technical assistance under this chapter.
Sec. 24. RCW 71.24.160 and 2011 c 343 s 6 are each amended to read as follows:
The ((regional support networks))
behavioral health and recovery organizations shall make satisfactory
showing to the secretary that state funds shall in no case be used to replace
local funds from any source being used to finance mental health services prior
to January 1, 1990. Maintenance of effort funds devoted to judicial services
related to involuntary commitment reimbursed under RCW 71.05.730 must be
expended for other purposes that further treatment for mental health and
chemical dependency disorders.
Sec. 25. RCW 71.24.250 and 2001 c 323 s 16 are each amended to read as follows:
The ((regional support network))
behavioral health and recovery organization may accept and expend gifts
and grants received from private, county, state, and federal sources.
Sec. 26. RCW 71.24.300 and 2008 c 261 s 4 are each amended to read as follows:
(1) Upon the request of a tribal
authority or authorities within a ((regional support network)) behavioral
health and recovery organization the joint operating agreement or the
county authority shall allow for the inclusion of the tribal authority to be
represented as a party to the ((regional support network)) behavioral
health and recovery organization.
(2) The roles and responsibilities of the county and tribal authorities shall be determined by the terms of that agreement including a determination of membership on the governing board and advisory committees, the number of tribal representatives to be party to the agreement, and the provisions of law and shall assure the provision of culturally competent services to the tribes served.
(3) The state mental health
authority may not determine the roles and responsibilities of county
authorities as to each other under ((regional support networks)) behavioral
health and recovery organizations by rule, except to assure that all duties
required of ((regional support networks)) behavioral health and
recovery organizations are assigned and that counties and the ((regional
support network)) behavioral health and recovery organization do not
duplicate functions and that a single authority has final responsibility for
all available resources and performance under the ((regional support
network's)) behavioral health and recovery organization's contract
with the secretary.
(4) If a ((regional support network))
behavioral health and recovery organization is a private entity, the
department shall allow for the inclusion of the tribal authority to be
represented as a party to the ((regional support network)) behavioral
health and recovery organization.
(5) The roles and responsibilities of the private entity and the tribal authorities shall be determined by the department, through negotiation with the tribal authority.
(6) ((Regional support networks))
Behavioral health and recovery organizations shall submit an overall
six-year operating and capital plan, timeline, and budget and submit progress
reports and an updated two-year plan biennially thereafter, to assume within
available resources all of the following duties:
(a) Administer and provide for the availability of all resource management services, residential services, and community support services.
(b) Administer and provide for the availability of all investigation, transportation, court-related, and other services provided by the state or counties pursuant to chapter 71.05 RCW.
(c) Provide within the boundaries
of each ((regional support network)) behavioral health and recovery
organization evaluation and treatment services for at least ninety percent
of persons detained or committed for periods up to seventeen days according to
chapter 71.05 RCW. ((Regional support networks)) Behavioral health
and recovery organizations may contract to purchase evaluation and
treatment services from other ((networks)) organizations if they
are unable to provide for appropriate resources within their boundaries.
Insofar as the original intent of serving persons in the community is
maintained, the secretary is authorized to approve exceptions on a case-by-case
basis to the requirement to provide evaluation and treatment services within
the boundaries of each ((regional support network)) behavioral health
and recovery organization. Such exceptions are limited to:
(i) Contracts with neighboring or contiguous regions; or
(ii) Individuals detained or committed for periods up to seventeen days at the state hospitals at the discretion of the secretary.
(d) Administer and provide for the
availability of all other mental health services, which shall include patient
counseling, day treatment, consultation, education services, employment
services as ((defined)) described in RCW 71.24.035, and mental
health services to children.
(e) Establish standards and procedures for reviewing individual service plans and determining when that person may be discharged from resource management services.
(7) A ((regional support network))
behavioral health and recovery organization may request that any
state-owned land, building, facility, or other capital asset which was ever
purchased, deeded, given, or placed in trust for the care of the persons with
mental illness and which is within the boundaries of a ((regional support
network)) behavioral health and recovery organization be made
available to support the operations of the ((regional support network)) behavioral
health and recovery organization. State agencies managing such capital
assets shall give first priority to requests for their use pursuant to this
chapter.
(8) Each ((regional support
network)) behavioral health and recovery organization shall appoint
a mental health advisory board which shall review and provide comments on plans
and policies developed under this chapter, provide local oversight regarding
the activities of the ((regional support network)) behavioral health
and recovery organization, and work with the ((regional support network))
behavioral health and recovery organization to resolve significant
concerns regarding service delivery and outcomes. The department shall
establish statewide procedures for the operation of regional advisory
committees including mechanisms for advisory board feedback to the department
regarding ((regional support network)) behavioral health and recovery
organization performance. The composition of the board shall be broadly
representative of the demographic character of the region and shall include,
but not be limited to, representatives of consumers and families, law
enforcement, and where the county is not the ((regional support network))
behavioral health and recovery organization, county elected officials.
Composition and length of terms of board members may differ between ((regional
support networks)) behavioral health and recovery organizations but
shall be included in each ((regional support network's)) behavioral
health and recovery organization's contract and approved by the secretary.
(9) ((Regional support networks))
Behavioral health and recovery organizations shall assume all duties
specified in their plans and joint operating agreements through biennial
contractual agreements with the secretary.
(10) ((Regional support networks))
Behavioral health and recovery organizations may receive technical
assistance from the housing trust fund and may identify and submit projects for
housing and housing support services to the housing trust fund established
under chapter 43.185 RCW. Projects identified or submitted under this
subsection must be fully integrated with the ((regional support network))
behavioral health and recovery organization six-year operating and
capital plan, timeline, and budget required by subsection (6) of this section.
Sec. 27. RCW 71.24.310 and 2013 2nd sp.s. c 4 s 994 are each amended to read as follows:
The legislature finds that
administration of chapter 71.05 RCW and this chapter can be most efficiently
and effectively implemented as part of the ((regional support network)) behavioral
health and recovery organization defined in RCW 71.24.025. For this
reason, the legislature intends that the department and the ((regional
support networks)) behavioral health and recovery organizations
shall work together to implement chapter 71.05 RCW as follows:
(1) By June 1, 2006, ((regional
support networks)) behavioral health and recovery organizations
shall recommend to the department the number of state hospital beds that should
be allocated for use by each ((regional support network)) behavioral
health and recovery organization. The statewide total allocation shall not
exceed the number of state hospital beds offering long-term inpatient care, as
defined in this chapter, for which funding is provided in the biennial
appropriations act.
(2) If there is consensus among the
((regional support networks)) behavioral health and recovery
organizations regarding the number of state hospital beds that should be
allocated for use by each ((regional support network)) behavioral
health and recovery organization, the department shall contract with each
((regional support network)) behavioral health and recovery organization
accordingly.
(3) If there is not consensus among
the ((regional support networks)) behavioral health and recovery
organizations regarding the number of beds that should be allocated for use
by each ((regional support network)) behavioral health and recovery
organization, the department shall establish by emergency rule the number
of state hospital beds that are available for use by each ((regional support
network)) behavioral health and recovery organization. The
emergency rule shall be effective September 1, 2006. The primary factor used
in the allocation shall be the estimated number of adults with acute and
chronic mental illness in each ((regional support network)) behavioral
health and recovery organization area, based upon population-adjusted
incidence and utilization.
(4) The allocation formula shall be updated at least every three years to reflect demographic changes, and new evidence regarding the incidence of acute and chronic mental illness and the need for long-term inpatient care. In the updates, the statewide total allocation shall include (a) all state hospital beds offering long-term inpatient care for which funding is provided in the biennial appropriations act; plus (b) the estimated equivalent number of beds or comparable diversion services contracted in accordance with subsection (5) of this section.
(5) The department is encouraged to
enter performance-based contracts with ((regional support networks)) behavioral
health and recovery organizations to provide some or all of the ((regional
support network's)) behavioral health and recovery organization's
allocated long-term inpatient treatment capacity in the community, rather than
in the state hospital. The performance contracts shall specify the number of
patient days of care available for use by the ((regional support network))
behavioral health and recovery organization in the state hospital.
(6) If a ((regional support
network)) behavioral health and recovery organization uses more
state hospital patient days of care than it has been allocated under subsection
(3) or (4) of this section, or than it has contracted to use under subsection
(5) of this section, whichever is less, it shall reimburse the department for
that care, except during the period of July 1, 2012, through December 31, 2013,
where reimbursements may be temporarily altered per section 204, chapter 4,
Laws of 2013 2nd sp. sess. The reimbursement rate per day shall be the
hospital's total annual budget for long-term inpatient care, divided by the
total patient days of care assumed in development of that budget.
(7) One-half of any reimbursements
received pursuant to subsection (6) of this section shall be used to support
the cost of operating the state hospital and, during the 2007-2009 fiscal
biennium, implementing new services that will enable a ((regional support
network)) behavioral health and recovery organization to reduce its
utilization of the state hospital. The department shall distribute the
remaining half of such reimbursements among ((regional support networks))
behavioral health and recovery organizations that have used less than
their allocated or contracted patient days of care at that hospital,
proportional to the number of patient days of care not used.
Sec. 28. RCW 71.24.350 and 2013 c 23 s 189 are each amended to read as follows:
The department shall require each
((regional support network)) behavioral health and recovery
organization to provide for a separately funded mental health ombuds office
in each ((regional support network)) behavioral health and recovery
organization that is independent of the ((regional support network))
behavioral health and recovery organization. The ombuds office shall
maximize the use of consumer advocates.
Sec. 29. RCW 71.24.370 and 2006 c 333 s 103 are each amended to read as follows:
(1) Except for monetary damage claims which have been reduced to final judgment by a superior court, this section applies to all claims against the state, state agencies, state officials, or state employees that exist on or arise after March 29, 2006.
(2) Except as expressly provided in
contracts entered into between the department and the ((regional support
networks)) behavioral health and recovery organizations after March
29, 2006, the entities identified in subsection (3) of this section shall have
no claim for declaratory relief, injunctive relief, judicial review under
chapter 34.05 RCW, or civil liability against the state or state agencies for
actions or inactions performed pursuant to the administration of this chapter
with regard to the following: (a) The allocation or payment of federal or
state funds; (b) the use or allocation of state hospital beds; or (c) financial
responsibility for the provision of inpatient mental health care.
(3) This section applies to
counties, ((regional support networks)) behavioral health and
recovery organizations, and entities which contract to provide ((regional
support network)) behavioral health and recovery organization
services and their subcontractors, agents, or employees.
Sec. 30. RCW 71.24.455 and 1997 c 342 s 2 are each amended to read as follows:
(1) The secretary shall select and
contract with a ((regional support network)) behavioral health and
recovery organization or private provider to provide specialized access and
services to ((mentally ill)) offenders with mental illness upon
release from total confinement within the department of corrections who have
been identified by the department of corrections and selected by the ((regional
support network)) behavioral health and recovery organization or
private provider as high-priority clients for services and who meet service
program entrance criteria. The program shall enroll no more than twenty-five
offenders at any one time, or a number of offenders that can be accommodated
within the appropriated funding level, and shall seek to fill any vacancies
that occur.
(2) Criteria shall include a determination by department of corrections staff that:
(a) The offender suffers from a major mental illness and needs continued mental health treatment;
(b) The offender's previous crime or crimes have been determined by either the court or department of corrections staff to have been substantially influenced by the offender's mental illness;
(c) It is believed the offender will be less likely to commit further criminal acts if provided ongoing mental health care;
(d) The offender is unable or unlikely to obtain housing and/or treatment from other sources for any reason; and
(e) The offender has at least one year remaining before his or her sentence expires but is within six months of release to community housing and is currently housed within a work release facility or any department of corrections' division of prisons facility.
(3) The ((regional support
network)) behavioral health and recovery organization or private
provider shall provide specialized access and services to the selected
offenders. The services shall be aimed at lowering the risk of recidivism. An
oversight committee composed of a representative of the department, a
representative of the selected ((regional support network)) behavioral
health and recovery organization or private provider, and a representative
of the department of corrections shall develop policies to guide the pilot
program, provide dispute resolution including making determinations as to when
entrance criteria or required services may be waived in individual cases,
advise the department of corrections and the ((regional support network))
behavioral health and recovery organization or private provider on the
selection of eligible offenders, and set minimum requirements for service
contracts. The selected ((regional support network)) behavioral
health and recovery organization or private provider shall implement the
policies and service contracts. The following services shall be provided:
(a) Intensive case management to include a full range of intensive community support and treatment in client-to-staff ratios of not more than ten offenders per case manager including: (i) A minimum of weekly group and weekly individual counseling; (ii) home visits by the program manager at least two times per month; and (iii) counseling focusing on relapse prevention and past, current, or future behavior of the offender.
(b) The case manager shall attempt to locate and procure housing appropriate to the living and clinical needs of the offender and as needed to maintain the psychiatric stability of the offender. The entire range of emergency, transitional, and permanent housing and involuntary hospitalization must be considered as available housing options. A housing subsidy may be provided to offenders to defray housing costs up to a maximum of six thousand six hundred dollars per offender per year and be administered by the case manager. Additional funding sources may be used to offset these costs when available.
(c) The case manager shall collaborate with the assigned prison, work release, or community corrections staff during release planning, prior to discharge, and in ongoing supervision of the offender while under the authority of the department of corrections.
(d) Medications including the full range of psychotropic medications including atypical antipsychotic medications may be required as a condition of the program. Medication prescription, medication monitoring, and counseling to support offender understanding, acceptance, and compliance with prescribed medication regimens must be included.
(e) A systematic effort to engage offenders to continuously involve themselves in current and long-term treatment and appropriate habilitative activities shall be made.
(f) Classes appropriate to the clinical and living needs of the offender and appropriate to his or her level of understanding.
(g) The case manager shall assist the offender in the application and qualification for entitlement funding, including medicaid, state assistance, and other available government and private assistance at any point that the offender is qualified and resources are available.
(h) The offender shall be provided access to daily activities such as drop-in centers, prevocational and vocational training and jobs, and volunteer activities.
(4) Once an offender has been selected into the pilot program, the offender shall remain in the program until the end of his or her sentence or unless the offender is released from the pilot program earlier by the department of corrections.
(5) Specialized training in the
management and supervision of high-crime risk ((mentally ill)) offenders
with mental illness shall be provided to all participating mental health
providers by the department and the department of corrections prior to their
participation in the program and as requested thereafter.
(6) The pilot program provided for in this section must be providing services by July 1, 1998.
Sec. 31. RCW 71.24.470 and 2009 c 319 s 1 are each amended to read as follows:
(1) The secretary shall contract,
to the extent that funds are appropriated for this purpose, for case management
services and such other services as the secretary deems necessary to assist
offenders identified under RCW 72.09.370 for participation in the offender
reentry community safety program. The contracts may be with ((regional
support networks)) behavioral health and recovery organizations or
any other qualified and appropriate entities.
(2) The case manager has the authority to assist these offenders in obtaining the services, as set forth in the plan created under RCW 72.09.370(2), for up to five years. The services may include coordination of mental health services, assistance with unfunded medical expenses, obtaining chemical dependency treatment, housing, employment services, educational or vocational training, independent living skills, parenting education, anger management services, and such other services as the case manager deems necessary.
(3) The legislature intends that
funds appropriated for the purposes of RCW 72.09.370, 71.05.145, and 71.05.212,
and this section and distributed to the ((regional support networks)) behavioral
health and recovery organizations are to supplement and not to supplant
general funding. Funds appropriated to implement RCW 72.09.370, 71.05.145, and
71.05.212, and this section are not to be considered available resources as
defined in RCW 71.24.025 and are not subject to the priorities, terms, or
conditions in the appropriations act established pursuant to RCW 71.24.035.
(4) The offender reentry community safety program was formerly known as the community integration assistance program.
Sec. 32. RCW 71.24.480 and 2009 c 319 s 2 are each amended to read as follows:
(1) A licensed service provider or
((regional support network)) behavioral health and recovery
organization, acting in the course of the provider's or ((network's))
organization's duties under this chapter, is not liable for civil
damages resulting from the injury or death of another caused by a participant
in the offender reentry community safety program who is a client of the
provider or ((network)) organization, unless the act or omission
of the provider or ((network)) organization 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 licensed service provider and ((regional
support network)) behavioral health and recovery organization 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 licensed service provider's
or ((regional support network's)) behavioral health and recovery
organization's mere act of treating a participant in the offender reentry
community safety program is not negligence. Nothing in this subsection alters
the licensed service provider's or ((regional support network's)) behavioral
health and recovery organization's normal duty of care with regard to the
client.
(4) The limited liability provided
by this section applies only to the conduct of licensed service providers and
((regional support networks)) behavioral health and recovery
organizations and does not apply to conduct of the state.
(5) For purposes of this section, "participant in the offender reentry community safety program" 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.
Sec. 33. RCW 71.24.845 and 2013 c 230 s 1 are each amended to read as follows:
The ((regional support networks))
behavioral health and recovery organizations shall jointly develop a
uniform transfer agreement to govern the transfer of clients between ((regional
support networks)) behavioral health and recovery organizations. By
September 1, 2013, the ((regional support networks)) behavioral
health and recovery organizations shall submit the uniform transfer
agreement to the department. By December 1, 2013, the department shall
establish guidelines to implement the uniform transfer agreement and may modify
the uniform transfer agreement as necessary to avoid impacts on state
administrative systems.
Sec. 34. RCW 71.24.055 and 2007 c 359 s 4 are each amended to read as follows:
As part of the system transformation initiative, the department of social and health services shall undertake the following activities related specifically to children's mental health services:
(1) The development of recommended
revisions to the access to care standards for children. The recommended
revisions shall reflect the policies and principles set out in RCW 71.36.005,
71.36.010, and 71.36.025, and recognize that early identification, intervention
and prevention services, and brief intervention services may be provided
outside of the ((regional support network)) behavioral health and
recovery organization system. Revised access to care standards shall
assess a child's need for mental health services based upon the child's
diagnosis and its negative impact upon his or her persistent impaired
functioning in family, school, or the community, and should not solely
condition the receipt of services upon a determination that a child is engaged
in high risk behavior or is in imminent need of hospitalization or out-of-home
placement. Assessment and diagnosis for children under five years of age shall
be determined using a nationally accepted assessment tool designed specifically
for children of that age. The recommendations shall also address whether
amendments to RCW 71.24.025 (((26) and)) (27) and (28) and
71.24.035(5) are necessary to implement revised access to care standards;
(2) Development of a revised children's mental health benefit package. The department shall ensure that services included in the children's mental health benefit package reflect the policies and principles included in RCW 71.36.005 and 71.36.025, to the extent allowable under medicaid, Title XIX of the federal social security act. Strong consideration shall be given to developmentally appropriate evidence-based and research‑based practices, family-based interventions, the use of natural and peer supports, and community support services. This effort shall include a review of other states' efforts to fund family‑centered children's mental health services through their medicaid programs;
(3) Consistent with the timeline developed for the system transformation initiative, recommendations for revisions to the children's access to care standards and the children's mental health services benefits package shall be presented to the legislature by January 1, 2009.
Sec. 35. RCW 71.24.065 and 2007 c 359 s 10 are each amended to read as follows:
To the extent funds are
specifically appropriated for this purpose, the department of social and health
services shall contract for implementation of a wraparound model of integrated
children's mental health services delivery in up to four ((regional support
network)) behavioral health and recovery organization regions in
Washington state in which wraparound programs are not currently operating, and
in up to two ((regional support network)) behavioral health and
recovery organization regions in which wraparound programs are currently
operating. Contracts in regions with existing wraparound programs shall be for
the purpose of expanding the number of children served.
(1) Funding provided may be expended for: Costs associated with a request for proposal and contracting process; administrative costs associated with successful bidders' operation of the wraparound model; the evaluation under subsection (5) of this section; and funding for services needed by children enrolled in wraparound model sites that are not otherwise covered under existing state programs. The services provided through the wraparound model sites shall include, but not be limited to, services covered under the medicaid program. The department shall maximize the use of medicaid and other existing state-funded programs as a funding source. However, state funds provided may be used to develop a broader service package to meet needs identified in a child's care plan. Amounts provided shall supplement, and not supplant, state, local, or other funding for services that a child being served through a wraparound site would otherwise be eligible to receive.
(2) The wraparound model sites shall serve children with serious emotional or behavioral disturbances who are at high risk of residential or correctional placement or psychiatric hospitalization, and who have been referred for services from the department, a county juvenile court, a tribal court, a school, or a licensed mental health provider or agency.
(3) Through a request for proposal
process, the department shall contract, with ((regional support networks))
behavioral health and recovery organizations, alone or in partnership
with either educational service districts or entities licensed to provide
mental health services to children with serious emotional or behavioral
disturbances, to operate the wraparound model sites. The contractor shall
provide care coordination and facilitate the delivery of services and other
supports to families using a strength‑based, highly individualized
wraparound process. The request for proposal shall require that:
(a) The ((regional support
network)) behavioral health and recovery organization agree to use
its medicaid revenues to fund services included in the existing ((regional
support network's)) behavioral health and recovery organization's
benefit package that a medicaid-eligible child participating in the wraparound
model site is determined to need;
(b) The contractor provide evidence of commitments from at least the following entities to participate in wraparound care plan development and service provision when appropriate: Community mental health agencies, schools, the department of social and health services children's administration, juvenile courts, the department of social and health services juvenile rehabilitation administration, and managed health care systems contracting with the department under RCW 74.09.522; and
(c) The contractor will operate the wraparound model site in a manner that maintains fidelity to the wraparound process as defined in RCW 71.36.010.
(4) Contracts for operation of the wraparound model sites shall be executed on or before April 1, 2008, with enrollment and service delivery beginning on or before July 1, 2008.
(5) The evidence‑based practice institute established in RCW 71.24.061 shall evaluate the wraparound model sites, measuring outcomes for children served. Outcomes measured shall include, but are not limited to: Decreased out-of-home placement, including residential, group, and foster care, and increased stability of such placements, school attendance, school performance, recidivism, emergency room utilization, involvement with the juvenile justice system, decreased use of psychotropic medication, and decreased hospitalization.
(6) The evidence-based practice institute shall provide a report and recommendations to the appropriate committees of the legislature by December 1, 2010.
Sec. 36. RCW 71.24.240 and 2005 c 503 s 10 are each amended to read as follows:
In order to establish eligibility
for funding under this chapter, any ((regional support network)) behavioral
health and recovery organization seeking to obtain federal funds for the
support of any aspect of a community mental health program as defined in this
chapter shall submit program plans to the secretary for prior review and
approval before such plans are submitted to any federal agency.
Sec. 37. RCW 71.24.320 and 2008 c 261 s 5 are each amended to read as follows:
(1) If an existing ((regional
support network)) behavioral health and recovery organization
chooses not to respond to a request for ((qualifications)) a detailed
plan, or is unable to substantially meet the requirements of a request for
((qualifications)) a detailed plan, or notifies the department of
social and health services it will no longer serve as a ((regional support
network)) behavioral health and recovery organization, the
department shall utilize a procurement process in which other entities
recognized by the secretary may bid to serve as the ((regional support
network)) behavioral health and recovery organization.
(a) The request for proposal shall include a scoring factor for proposals that include additional financial resources beyond that provided by state appropriation or allocation.
(b) The department shall provide detailed briefings to all bidders in accordance with department and state procurement policies.
(c) The request for proposal shall also include a scoring factor for proposals submitted by nonprofit entities that include a component to maximize the utilization of state provided resources and the leverage of other funds for the support of mental health services to persons with mental illness.
(2) A ((regional support network))
behavioral health and recovery organization that voluntarily terminates,
refuses to renew, or refuses to sign a mandatory amendment to its contract to
act as a ((regional support network)) behavioral health and recovery
organization is prohibited from responding to a procurement under this
section or serving as a ((regional support network)) behavioral
health and recovery organization for five years from the date that the
department signs a contract with the entity that will serve as the ((regional
support network)) behavioral health and recovery organization.
Sec. 38. RCW 71.24.330 and 2013 c 320 s 9 are each amended to read as follows:
(1)(a) Contracts between a ((regional
support network)) behavioral health and recovery organization and
the department shall include mechanisms for monitoring performance under the
contract and remedies for failure to substantially comply with the requirements
of the contract including, but not limited to, financial penalties, termination
of the contract, and reprocurement of the contract.
(b) The department shall
incorporate the criteria to measure the performance of service coordination
organizations into contracts with ((regional support networks)) behavioral
health and recovery organizations as provided in chapter 70.320 RCW.
(2) The ((regional support
network)) behavioral health and recovery organization procurement
processes shall encourage the preservation of infrastructure previously
purchased by the community mental health service delivery system, the maintenance
of linkages between other services and delivery systems, and maximization of
the use of available funds for services versus profits. However, a ((regional
support network)) behavioral health and recovery organization
selected through the procurement process is not required to contract for
services with any county‑owned or operated facility. The ((regional
support network)) behavioral health and recovery organization
procurement process shall provide that public funds appropriated by the
legislature shall not be used to promote or deter, encourage, or discourage
employees from exercising their rights under Title 29, chapter 7, subchapter
II, United States Code or chapter 41.56 RCW.
(3) In addition to the requirements of RCW 71.24.035, contracts shall:
(a) Define administrative costs and
ensure that the ((regional support network)) behavioral health and
recovery organization does not exceed an administrative cost of ten percent
of available funds;
(b) Require effective collaboration with law enforcement, criminal justice agencies, and the chemical dependency treatment system;
(c) Require substantial implementation of department adopted integrated screening and assessment process and matrix of best practices;
(d) Maintain the decision-making independence of designated mental health professionals;
(e) Except at the discretion of the
secretary or as specified in the biennial budget, require ((regional support
networks)) behavioral health and recovery organizations to pay the
state for the costs associated with individuals who are being served on the
grounds of the state hospitals and who are not receiving long-term inpatient
care as defined in RCW 71.24.025;
(f) Include a negotiated alternative dispute resolution clause; and
(g) Include a provision requiring
either party to provide one hundred eighty days' notice of any issue that may
cause either party to voluntarily terminate, refuse to renew, or refuse to sign
a mandatory amendment to the contract to act as a ((regional support network))
behavioral health and recovery organization. If either party decides to
voluntarily terminate, refuse to renew, or refuse to sign a mandatory amendment
to the contract to serve as a ((regional support network)) behavioral
health and recovery organization they shall provide ninety days' advance
notice in writing to the other party.
Sec. 39. RCW 71.24.360 and 2012 c 91 s 1 are each amended to read as follows:
(1) The department may establish
new ((regional support network)) behavioral health and recovery
organization boundaries in any part of the state:
(a) Where more than one ((network))
organization chooses not to respond to, or is unable to substantially
meet the requirements of, the request for ((qualifications)) a
detailed plan under RCW 71.24.320;
(b) Where a ((regional support
network)) behavioral health and recovery organization is subject to reprocurement
under RCW 71.24.330; or
(c) Where two or more ((regional
support networks)) behavioral health and recovery organizations
propose to reconfigure themselves to achieve consolidation, in which case the
procurement process described in RCW 71.24.320 and 71.24.330(2) does not apply.
(2) The department may establish no
fewer than six and no more than fourteen ((regional support networks)) behavioral
health and recovery organizations under this chapter. No entity shall be
responsible for more than three ((regional support networks)) behavioral
health and recovery organizations.
Sec. 40. RCW 71.24.405 and 2001 c 323 s 19 are each amended to read as follows:
The department shall establish a
comprehensive and collaborative effort within ((regional support networks))
behavioral health and recovery organizations and with local mental
health service providers aimed at creating innovative and streamlined community
mental health service delivery systems, in order to carry out the purposes set
forth in RCW 71.24.400 and to capture the diversity of the community mental
health service delivery system.
The department must accomplish the following:
(1) Identification, review, and cataloging of all rules, regulations, duplicative administrative and monitoring functions, and other requirements that currently lead to inefficiencies in the community mental health service delivery system and, if possible, eliminate the requirements;
(2) The systematic and incremental development of a single system of accountability for all federal, state, and local funds provided to the community mental health service delivery system. Systematic efforts should be made to include federal and local funds into the single system of accountability;
(3) The elimination of process
regulations and related contract and reporting requirements. In place of the
regulations and requirements, a set of outcomes for mental health adult and
children clients according to chapter 71.24 RCW must be used to measure the performance
of mental health service providers and ((regional support networks)) behavioral
health and recovery organizations. Such outcomes shall focus on
stabilizing out-of-home and hospital care, increasing stable community living,
increasing age-appropriate activities, achieving family and consumer
satisfaction with services, and system efficiencies;
(4) Evaluation of the feasibility
of contractual agreements between the department of social and health services
and ((regional support networks)) behavioral health and recovery
organizations and mental health service providers that link financial
incentives to the success or failure of mental health service providers and ((regional
support networks)) behavioral health and recovery organizations to
meet outcomes established for mental health service clients;
(5) The involvement of mental health consumers and their representatives. Mental health consumers and their representatives will be involved in the development of outcome standards for mental health clients under section 5 of this act; and
(6) An independent evaluation component to measure the success of the department in fully implementing the provisions of RCW 71.24.400 and this section.
Sec. 41. RCW 71.24.430 and 2001 c 323 s 3 are each amended to read as follows:
(1) The department shall ensure the
coordination of allied services for mental health clients. The department
shall implement strategies for resolving organizational, regulatory, and
funding issues at all levels of the system, including the state, the ((regional
support networks)) behavioral health and recovery organizations, and
local service providers.
(2) The department shall propose, in operating budget requests, transfers of funding among programs to support collaborative service delivery to persons who require services from multiple department programs. The department shall report annually to the appropriate committees of the senate and house of representatives on actions and projects it has taken to promote collaborative service delivery.
Sec. 42. RCW 74.09.522 and 2013 2nd sp.s. c 17 s 13 are each amended to read as follows:
(1) For the purposes of this section:
(a) "Managed health care system" means any health care organization, including health care providers, insurers, health care service contractors, health maintenance organizations, health insuring organizations, or any combination thereof, that provides directly or by contract health care services covered under this chapter and rendered by licensed providers, on a prepaid capitated basis and that meets the requirements of section 1903(m)(1)(A) of Title XIX of the federal social security act or federal demonstration waivers granted under section 1115(a) of Title XI of the federal social security act;
(b) "Nonparticipating provider" means a person, health care provider, practitioner, facility, or entity, acting within their scope of practice, that does not have a written contract to participate in a managed health care system's provider network, but provides health care services to enrollees of programs authorized under this chapter whose health care services are provided by the managed health care system.
(2) The authority shall enter into agreements with managed health care systems to provide health care services to recipients of temporary assistance for needy families under the following conditions:
(a) Agreements shall be made for at least thirty thousand recipients statewide;
(b) Agreements in at least one county shall include enrollment of all recipients of temporary assistance for needy families;
(c) To the extent that this provision is consistent with section 1903(m) of Title XIX of the federal social security act or federal demonstration waivers granted under section 1115(a) of Title XI of the federal social security act, recipients shall have a choice of systems in which to enroll and shall have the right to terminate their enrollment in a system: PROVIDED, That the authority may limit recipient termination of enrollment without cause to the first month of a period of enrollment, which period shall not exceed twelve months: AND PROVIDED FURTHER, That the authority shall not restrict a recipient's right to terminate enrollment in a system for good cause as established by the authority by rule;
(d) To the extent that this provision is consistent with section 1903(m) of Title XIX of the federal social security act, participating managed health care systems shall not enroll a disproportionate number of medical assistance recipients within the total numbers of persons served by the managed health care systems, except as authorized by the authority under federal demonstration waivers granted under section 1115(a) of Title XI of the federal social security act;
(e)(i) In negotiating with managed health care systems the authority shall adopt a uniform procedure to enter into contractual arrangements, to be included in contracts issued or renewed on or after January 1, 2015, including:
(A) Standards regarding the quality of services to be provided;
(B) The financial integrity of the responding system;
(C) Provider reimbursement methods that incentivize chronic care management within health homes, including comprehensive medication management services for patients with multiple chronic conditions consistent with the findings and goals established in RCW 74.09.5223;
(D) Provider reimbursement methods that reward health homes that, by using chronic care management, reduce emergency department and inpatient use;
(E) Promoting provider participation in the program of training and technical assistance regarding care of people with chronic conditions described in RCW 43.70.533, including allocation of funds to support provider participation in the training, unless the managed care system is an integrated health delivery system that has programs in place for chronic care management;
(F) Provider reimbursement methods
within the medical billing processes that incentivize pharmacists or other
qualified providers licensed in Washington state to provide comprehensive
medication management services consistent with the findings and goals
established in RCW 74.09.5223; ((and))
(G) Evaluation and reporting on the
impact of comprehensive medication management services on patient clinical
outcomes and total health care costs, including reductions in emergency
department utilization, hospitalization, and drug costs; and
(H) Established consistent processes to incentivize integration
of behavioral health services in the primary care setting, promoting care that
is integrated, collaborative, colocated, and preventive.
(ii)(A) Health home services contracted for under this subsection may be prioritized to enrollees with complex, high cost, or multiple chronic conditions.
(B) Contracts that include the items in (e)(i)(C) through (G) of this subsection must not exceed the rates that would be paid in the absence of these provisions;
(f) The authority shall seek waivers from federal requirements as necessary to implement this chapter;
(g) The authority shall, wherever possible, enter into prepaid capitation contracts that include inpatient care. However, if this is not possible or feasible, the authority may enter into prepaid capitation contracts that do not include inpatient care;
(h) The authority shall define those circumstances under which a managed health care system is responsible for out-of-plan services and assure that recipients shall not be charged for such services;
(i) Nothing in this section prevents the authority from entering into similar agreements for other groups of people eligible to receive services under this chapter; and
(j) The authority must consult with the federal center for medicare and medicaid innovation and seek funding opportunities to support health homes.
(3) The authority shall ensure that publicly supported community health centers and providers in rural areas, who show serious intent and apparent capability to participate as managed health care systems are seriously considered as contractors. The authority shall coordinate its managed care activities with activities under chapter 70.47 RCW.
(4) The authority shall work jointly with the state of Oregon and other states in this geographical region in order to develop recommendations to be presented to the appropriate federal agencies and the United States congress for improving health care of the poor, while controlling related costs.
(5) The legislature finds that competition in the managed health care marketplace is enhanced, in the long term, by the existence of a large number of managed health care system options for medicaid clients. In a managed care delivery system, whose goal is to focus on prevention, primary care, and improved enrollee health status, continuity in care relationships is of substantial importance, and disruption to clients and health care providers should be minimized. To help ensure these goals are met, the following principles shall guide the authority in its healthy options managed health care purchasing efforts:
(a) All managed health care systems should have an opportunity to contract with the authority to the extent that minimum contracting requirements defined by the authority are met, at payment rates that enable the authority to operate as far below appropriated spending levels as possible, consistent with the principles established in this section.
(b) Managed health care systems should compete for the award of contracts and assignment of medicaid beneficiaries who do not voluntarily select a contracting system, based upon:
(i) Demonstrated commitment to or experience in serving low-income populations;
(ii) Quality of services provided to enrollees;
(iii) Accessibility, including appropriate utilization, of services offered to enrollees;
(iv) Demonstrated capability to perform contracted services, including ability to supply an adequate provider network;
(v) Payment rates; and
(vi) The ability to meet other specifically defined contract requirements established by the authority, including consideration of past and current performance and participation in other state or federal health programs as a contractor.
(c) Consideration should be given to using multiple year contracting periods.
(d) Quality, accessibility, and demonstrated commitment to serving low-income populations shall be given significant weight in the contracting, evaluation, and assignment process.
(e) All contractors that are regulated health carriers must meet state minimum net worth requirements as defined in applicable state laws. The authority shall adopt rules establishing the minimum net worth requirements for contractors that are not regulated health carriers. This subsection does not limit the authority of the Washington state health care authority to take action under a contract upon finding that a contractor's financial status seriously jeopardizes the contractor's ability to meet its contract obligations.
(f) Procedures for resolution of disputes between the authority and contract bidders or the authority and contracting carriers related to the award of, or failure to award, a managed care contract must be clearly set out in the procurement document.
(6) The authority may apply the principles set forth in subsection (5) of this section to its managed health care purchasing efforts on behalf of clients receiving supplemental security income benefits to the extent appropriate.
(7) By April 1, 2016, any
contract with a managed health care system to provide services to medical
assistance enrollees shall require that managed health care systems offer
contracts to behavioral health and recovery organizations, mental health
providers, or chemical dependency treatment providers to provide access to
primary care services integrated into behavioral health clinical settings, for
individuals with behavioral health and medical comorbidities.
(8) Managed health care system contracts effective on or
after April 1, 2016, shall serve geographic areas that correspond to the
regional service areas established in section 2 of this act.
(9) A managed health care system shall pay a
nonparticipating provider that provides a service covered under this chapter to
the system's enrollee no more than the lowest amount paid for that service
under the managed health care system's contracts with similar providers in the
state.
(((8))) (10) For
services covered under this chapter to medical assistance or medical care
services enrollees and provided on or after August 24, 2011, nonparticipating
providers must accept as payment in full the amount paid by the managed health
care system under subsection (7) of this section in addition to any deductible,
coinsurance, or copayment that is due from the enrollee for the service
provided. An enrollee is not liable to any nonparticipating provider for
covered services, except for amounts due for any deductible, coinsurance, or
copayment under the terms and conditions set forth in the managed health care
system contract to provide services under this section.
(((9))) (11) Pursuant
to federal managed care access standards, 42 C.F.R. Sec. 438, managed health
care systems must maintain a network of appropriate providers that is supported
by written agreements sufficient to provide adequate access to all services
covered under the contract with the authority, including hospital-based
physician services. The authority will monitor and periodically report on the
proportion of services provided by contracted providers and nonparticipating
providers, by county, for each managed health care system to ensure that
managed health care systems are meeting network adequacy requirements. No
later than January 1st of each year, the authority will review and report its
findings to the appropriate policy and fiscal committees of the legislature for
the preceding state fiscal year.
(((10))) (12)
Payments under RCW 74.60.130 are exempt from this section.
(((11))) (13)
Subsections (((7))) (9) through (((9))) (11) of
this section expire July 1, 2016.
Sec. 43. RCW 9.41.280 and 2009 c 453 s 1 are each amended to read as follows:
(1) It is unlawful for a person to carry onto, or to possess on, public or private elementary or secondary school premises, school-provided transportation, or areas of facilities while being used exclusively by public or private schools:
(a) Any firearm;
(b) Any other dangerous weapon as defined in RCW 9.41.250;
(c) Any device commonly known as "nun-chu-ka sticks", consisting of two or more lengths of wood, metal, plastic, or similar substance connected with wire, rope, or other means;
(d) Any device, commonly known as "throwing stars", which are multi-pointed, metal objects designed to embed upon impact from any aspect;
(e) Any air gun, including any air pistol or air rifle, designed to propel a BB, pellet, or other projectile by the discharge of compressed air, carbon dioxide, or other gas; or
(f)(i) Any portable device manufactured to function as a weapon and which is commonly known as a stun gun, including a projectile stun gun which projects wired probes that are attached to the device that emit an electrical charge designed to administer to a person or an animal an electric shock, charge, or impulse; or
(ii) Any device, object, or instrument which is used or intended to be used as a weapon with the intent to injure a person by an electric shock, charge, or impulse.
(2) Any such person violating subsection (1) of this section is guilty of a gross misdemeanor. If any person is convicted of a violation of subsection (1)(a) of this section, the person shall have his or her concealed pistol license, if any revoked for a period of three years. Anyone convicted under this subsection is prohibited from applying for a concealed pistol license for a period of three years. The court shall send notice of the revocation to the department of licensing, and the city, town, or county which issued the license.
Any violation of subsection (1) of this section by elementary or secondary school students constitutes grounds for expulsion from the state's public schools in accordance with RCW 28A.600.010. An appropriate school authority shall promptly notify law enforcement and the student's parent or guardian regarding any allegation or indication of such violation.
Upon the arrest of a person at least twelve years of age and not more than twenty-one years of age for violating subsection (1)(a) of this section, the person shall be detained or confined in a juvenile or adult facility for up to seventy-two hours. The person shall not be released within the seventy-two hours until after the person has been examined and evaluated by the designated mental health professional unless the court in its discretion releases the person sooner after a determination regarding probable cause or on probation bond or bail.
Within twenty-four hours of the arrest, the arresting law enforcement agency shall refer the person to the designated mental health professional for examination and evaluation under chapter 71.05 or 71.34 RCW and inform a parent or guardian of the person of the arrest, detention, and examination. The designated mental health professional shall examine and evaluate the person subject to the provisions of chapter 71.05 or 71.34 RCW. The examination shall occur at the facility in which the person is detained or confined. If the person has been released on probation, bond, or bail, the examination shall occur wherever is appropriate.
The designated mental health professional may determine whether to refer the person to the county-designated chemical dependency specialist for examination and evaluation in accordance with chapter 70.96A RCW. The county-designated chemical dependency specialist shall examine the person subject to the provisions of chapter 70.96A RCW. The examination shall occur at the facility in which the person is detained or confined. If the person has been released on probation, bond, or bail, the examination shall occur wherever is appropriate.
Upon completion of any examination by the designated mental health professional or the county-designated chemical dependency specialist, the results of the examination shall be sent to the court, and the court shall consider those results in making any determination about the person.
The designated mental health professional and county-designated chemical dependency specialist shall, to the extent permitted by law, notify a parent or guardian of the person that an examination and evaluation has taken place and the results of the examination. Nothing in this subsection prohibits the delivery of additional, appropriate mental health examinations to the person while the person is detained or confined.
If the designated mental health
professional determines it is appropriate, the designated mental health
professional may refer the person to the local ((regional support network))
behavioral and recovery health organization for follow-up services or
the department of social and health services or other community providers for
other services to the family and individual.
(3) Subsection (1) of this section does not apply to:
(a) Any student or employee of a private military academy when on the property of the academy;
(b) Any person engaged in military, law enforcement, or school district security activities. However, a person who is not a commissioned law enforcement officer and who provides school security services under the direction of a school administrator may not possess a device listed in subsection (1)(f) of this section unless he or she has successfully completed training in the use of such devices that is equivalent to the training received by commissioned law enforcement officers;
(c) Any person who is involved in a convention, showing, demonstration, lecture, or firearms safety course authorized by school authorities in which the firearms of collectors or instructors are handled or displayed;
(d) Any person while the person is participating in a firearms or air gun competition approved by the school or school district;
(e) Any person in possession of a pistol who has been issued a license under RCW 9.41.070, or is exempt from the licensing requirement by RCW 9.41.060, while picking up or dropping off a student;
(f) Any nonstudent at least eighteen years of age legally in possession of a firearm or dangerous weapon that is secured within an attended vehicle or concealed from view within a locked unattended vehicle while conducting legitimate business at the school;
(g) Any nonstudent at least eighteen years of age who is in lawful possession of an unloaded firearm, secured in a vehicle while conducting legitimate business at the school; or
(h) Any law enforcement officer of the federal, state, or local government agency.
(4) Subsections (1)(c) and (d) of this section do not apply to any person who possesses nun-chu-ka sticks, throwing stars, or other dangerous weapons to be used in martial arts classes authorized to be conducted on the school premises.
(5) Subsection (1)(f)(i) of this section does not apply to any person who possesses a device listed in subsection (1)(f)(i) of this section, if the device is possessed and used solely for the purpose approved by a school for use in a school authorized event, lecture, or activity conducted on the school premises.
(6) Except as provided in subsection (3)(b), (c), (f), and (h) of this section, firearms are not permitted in a public or private school building.
(7) "GUN-FREE ZONE" signs shall be posted around school facilities giving warning of the prohibition of the possession of firearms on school grounds.
Sec. 44. RCW 10.31.110 and 2011 c 305 s 7 and 2011 c 148 s 3 are each reenacted and amended to read as follows:
(1) When a police officer has
reasonable cause to believe that the individual has committed acts constituting
a nonfelony crime that is not a serious offense as identified in RCW 10.77.092
and the individual is known by history or consultation with the ((regional
support network)) behavioral health and recovery organization to
suffer from a mental disorder, the arresting officer may:
(a) Take the individual to a crisis stabilization unit as defined in RCW 71.05.020(6). Individuals delivered to a crisis stabilization unit pursuant to this section may be held by the facility for a period of up to twelve hours. The individual must be examined by a mental health professional within three hours of arrival;
(b) Take the individual to a triage facility as defined in RCW 71.05.020. An individual delivered to a triage facility which has elected to operate as an involuntary facility may be held up to a period of twelve hours. The individual must be examined by a mental health professional within three hours of arrival;
(c) Refer the individual to a mental health professional for evaluation for initial detention and proceeding under chapter 71.05 RCW; or
(d) Release the individual upon agreement to voluntary participation in outpatient treatment.
(2) If the individual is released to the community, the mental health provider shall inform the arresting officer of the release within a reasonable period of time after the release if the arresting officer has specifically requested notification and provided contact information to the provider.
(3) In deciding whether to refer the individual to treatment under this section, the police officer shall be guided by standards mutually agreed upon with the prosecuting authority, which address, at a minimum, the length, seriousness, and recency of the known criminal history of the individual, the mental health history of the individual, where available, and the circumstances surrounding the commission of the alleged offense.
(4) Any agreement to participate in treatment shall not require individuals to stipulate to any of the alleged facts regarding the criminal activity as a prerequisite to participation in a mental health treatment alternative. The agreement is inadmissible in any criminal or civil proceeding. The agreement does not create immunity from prosecution for the alleged criminal activity.
(5) If an individual violates such agreement and the mental health treatment alternative is no longer appropriate:
(a) The mental health provider shall inform the referring law enforcement agency of the violation; and
(b) The original charges may be filed or referred to the prosecutor, as appropriate, and the matter may proceed accordingly.
(6) The police officer is immune from liability for any good faith conduct under this section.
Sec. 45. RCW 10.77.010 and 2011 c 89 s 4 are each amended to read as follows:
As used in this chapter:
(1) "Admission" means acceptance based on medical necessity, of a person as a patient.
(2) "Commitment" means the determination by a court that a person should be detained for a period of either evaluation or treatment, or both, in an inpatient or a less-restrictive setting.
(3) "Conditional release" means modification of a court-ordered commitment, which may be revoked upon violation of any of its terms.
(4) A "criminally insane" person means any person who has been acquitted of a crime charged by reason of insanity, and thereupon found to be a substantial danger to other persons or to present a substantial likelihood of committing criminal acts jeopardizing public safety or security unless kept under further control by the court or other persons or institutions.
(5) "Department" means the state department of social and health services.
(6) "Designated mental health professional" has the same meaning as provided in RCW 71.05.020.
(7) "Detention" or "detain" means the lawful confinement of a person, under the provisions of this chapter, pending evaluation.
(8) "Developmental disabilities professional" means a person who has specialized training and three years of experience in directly treating or working with persons with developmental disabilities and is a psychiatrist or psychologist, or a social worker, and such other developmental disabilities professionals as may be defined by rules adopted by the secretary.
(9) "Developmental
disability" means the condition as defined in RCW 71A.10.020(((3)))(4).
(10) "Discharge" means the termination of hospital medical authority. The commitment may remain in place, be terminated, or be amended by court order.
(11) "Furlough" means an authorized leave of absence for a resident of a state institution operated by the department designated for the custody, care, and treatment of the criminally insane, consistent with an order of conditional release from the court under this chapter, without any requirement that the resident be accompanied by, or be in the custody of, any law enforcement or institutional staff, while on such unescorted leave.
(12) "Habilitative services" means those services provided by program personnel to assist persons in acquiring and maintaining life skills and in raising their levels of physical, mental, social, and vocational functioning. Habilitative services include education, training for employment, and therapy. The habilitative process shall be undertaken with recognition of the risk to the public safety presented by the person being assisted as manifested by prior charged criminal conduct.
(13) "History of one or more violent acts" means violent acts committed during: (a) The ten-year period of time prior to the filing of criminal charges; plus (b) the amount of time equal to time spent during the ten-year period in a mental health facility or in confinement as a result of a criminal conviction.
(14) "Immediate family member" means a spouse, child, stepchild, parent, stepparent, grandparent, sibling, or domestic partner.
(15) "Incompetency" means a person lacks the capacity to understand the nature of the proceedings against him or her or to assist in his or her own defense as a result of mental disease or defect.
(16) "Indigent" means any person who is financially unable to obtain counsel or other necessary expert or professional services without causing substantial hardship to the person or his or her family.
(17) "Individualized service plan" means a plan prepared by a developmental disabilities professional with other professionals as a team, for an individual with developmental disabilities, which shall state:
(a) The nature of the person's specific problems, prior charged criminal behavior, and habilitation needs;
(b) The conditions and strategies necessary to achieve the purposes of habilitation;
(c) The intermediate and long-range goals of the habilitation program, with a projected timetable for the attainment;
(d) The rationale for using this plan of habilitation to achieve those intermediate and long-range goals;
(e) The staff responsible for carrying out the plan;
(f) Where relevant in light of past criminal behavior and due consideration for public safety, the criteria for proposed movement to less-restrictive settings, criteria for proposed eventual release, and a projected possible date for release; and
(g) The type of residence immediately anticipated for the person and possible future types of residences.
(18) "Professional person" means:
(a) A psychiatrist licensed as a physician and surgeon in this state who has, in addition, completed three years of graduate training in psychiatry in a program approved by the American medical association or the American osteopathic association and is certified or eligible to be certified by the American board of psychiatry and neurology or the American osteopathic board of neurology and psychiatry;
(b) A psychologist licensed as a psychologist pursuant to chapter 18.83 RCW; or
(c) A social worker with a master's or further advanced degree from a social work educational program accredited and approved as provided in RCW 18.320.010.
(19) "Registration
records" include all the records of the department, ((regional support
networks)) behavioral health and recovery organizations, treatment
facilities, and other persons providing services to the department, county
departments, or facilities which identify persons who are receiving or who at
any time have received services for mental illness.
(20) "Release" means legal termination of the court-ordered commitment under the provisions of this chapter.
(21) "Secretary" means the secretary of the department of social and health services or his or her designee.
(22) "Treatment" means any currently standardized medical or mental health procedure including medication.
(23) "Treatment records"
include registration and all other records concerning persons who are receiving
or who at any time have received services for mental illness, which are
maintained by the department, by ((regional support networks)) behavioral
health and recovery organizations and their staffs, and by treatment
facilities. Treatment records do not include notes or records maintained for
personal use by a person providing treatment services for the department, ((regional
support networks)) behavioral health and recovery organizations, or
a treatment facility if the notes or records are not available to others.
(24) "Violent act" means behavior that: (a)(i) Resulted in; (ii) if completed as intended would have resulted in; or (iii) was threatened to be carried out by a person who had the intent and opportunity to carry out the threat and would have resulted in, homicide, nonfatal injuries, or substantial damage to property; or (b) recklessly creates an immediate risk of serious physical injury to another person. As used in this subsection, "nonfatal injuries" means physical pain or injury, illness, or an impairment of physical condition. "Nonfatal injuries" shall be construed to be consistent with the definition of "bodily injury," as defined in RCW 9A.04.110.
Sec. 46. RCW 10.77.065 and 2013 c 214 s 1 are each amended to read as follows:
(1)(a)(i) The expert conducting the evaluation shall provide his or her report and recommendation to the court in which the criminal proceeding is pending. For a competency evaluation of a defendant who is released from custody, if the evaluation cannot be completed within twenty‑one days due to a lack of cooperation by the defendant, the evaluator shall notify the court that he or she is unable to complete the evaluation because of such lack of cooperation.
(ii) A copy of the report and recommendation shall be provided to the designated mental health professional, the prosecuting attorney, the defense attorney, and the professional person at the local correctional facility where the defendant is being held, or if there is no professional person, to the person designated under (a)(iv) of this subsection. Upon request, the evaluator shall also provide copies of any source documents relevant to the evaluation to the designated mental health professional.
(iii) Any facility providing inpatient services related to competency shall discharge the defendant as soon as the facility determines that the defendant is competent to stand trial. Discharge shall not be postponed during the writing and distribution of the evaluation report. Distribution of an evaluation report by a facility providing inpatient services shall ordinarily be accomplished within two working days or less following the final evaluation of the defendant. If the defendant is discharged to the custody of a local correctional facility, the local correctional facility must continue the medication regimen prescribed by the facility, when clinically appropriate, unless the defendant refuses to cooperate with medication.
(iv) If there is no professional
person at the local correctional facility, the local correctional facility
shall designate a professional person as defined in RCW 71.05.020 or, in
cooperation with the ((regional support network)) behavioral health
and recovery organization, a professional person at the ((regional
support network)) behavioral health and recovery organization to
receive the report and recommendation.
(v) Upon commencement of a defendant's evaluation in the local correctional facility, the local correctional facility must notify the evaluator of the name of the professional person, or person designated under (a)(iv) of this subsection, to receive the report and recommendation.
(b) If the evaluator concludes, under RCW 10.77.060(3)(f), the person should be evaluated by a designated mental health professional under chapter 71.05 RCW, the court shall order such evaluation be conducted prior to release from confinement when the person is acquitted or convicted and sentenced to confinement for twenty-four months or less, or when charges are dismissed pursuant to a finding of incompetent to stand trial.
(2) The designated mental health professional shall provide written notification within twenty-four hours of the results of the determination whether to commence proceedings under chapter 71.05 RCW. The notification shall be provided to the persons identified in subsection (1)(a) of this section.
(3) The prosecuting attorney shall provide a copy of the results of any proceedings commenced by the designated mental health professional under subsection (2) of this section to the secretary.
(4) A facility conducting a civil commitment evaluation under RCW 10.77.086(4) or 10.77.088(1)(b)(ii) that makes a determination to release the person instead of filing a civil commitment petition must provide written notice to the prosecutor and defense attorney at least twenty-four hours prior to release. The notice may be given by electronic mail, facsimile, or other means reasonably likely to communicate the information immediately.
(5) The fact of admission and all information and records compiled, obtained, or maintained in the course of providing services under this chapter may also be disclosed to the courts solely to prevent the entry of any evaluation or treatment order that is inconsistent with any order entered under chapter 71.05 RCW.
Sec. 47. RCW 28A.310.202 and 2007 c 359 s 9 are each amended to read as follows:
Educational service district boards
may partner with ((regional support networks)) behavioral health and
recovery organizations to respond to a request for proposal for operation
of a wraparound model site under chapter 359, Laws of 2007 and, if selected,
may contract for the provision of services to coordinate care and facilitate
the delivery of services and other supports under a wraparound model.
Sec. 48. RCW 43.185.060 and 1994 c 160 s 2 are each amended to read as follows:
Organizations that may receive
assistance from the department under this chapter are local governments, local
housing authorities, ((regional support networks)) behavioral health
and recovery organizations established under chapter 71.24 RCW, nonprofit
community or neighborhood-based organizations, federally recognized Indian
tribes in the state of Washington, and regional or statewide nonprofit housing
assistance organizations.
Eligibility for assistance from the department under this chapter also requires compliance with the revenue and taxation laws, as applicable to the recipient, at the time the grant is made.
Sec. 49. RCW 43.185.070 and 2013 c 145 s 3 are each amended to read as follows:
(1) During each calendar year in which funds from the housing trust fund or other legislative appropriations are available for use by the department for the housing assistance program, the department must announce to all known interested parties, and through major media throughout the state, a grant and loan application period of at least ninety days' duration. This announcement must be made as often as the director deems appropriate for proper utilization of resources. The department must then promptly grant as many applications as will utilize available funds less appropriate administrative costs of the department as provided in RCW 43.185.050.
(2) In awarding funds under this chapter, the department must:
(a) Provide for a geographic distribution on a statewide basis; and
(b) Until June 30, 2013, consider the total cost and per-unit cost of each project for which an application is submitted for funding under RCW 43.185.050(2) (a) and (j), as compared to similar housing projects constructed or renovated within the same geographic area.
(3) The department, with advice and input from the affordable housing advisory board established in RCW 43.185B.020, or a subcommittee of the affordable housing advisory board, must report recommendations for awarding funds in a cost-effective manner. The report must include an implementation plan, timeline, and any other items the department identifies as important to consider to the legislature by December 1, 2012.
(4) The department must give first priority to applications for projects and activities which utilize existing privately owned housing stock including privately owned housing stock purchased by nonprofit public development authorities and public housing authorities as created in chapter 35.82 RCW. As used in this subsection, privately owned housing stock includes housing that is acquired by a federal agency through a default on the mortgage by the private owner. Such projects and activities must be evaluated under subsection (5) of this section. Second priority must be given to activities and projects which utilize existing publicly owned housing stock. All projects and activities must be evaluated by some or all of the criteria under subsection (5) of this section, and similar projects and activities shall be evaluated under the same criteria.
(5) The department must give preference for applications based on some or all of the criteria under this subsection, and similar projects and activities must be evaluated under the same criteria:
(a) The degree of leveraging of other funds that will occur;
(b) The degree of commitment from programs to provide necessary habilitation and support services for projects focusing on special needs populations;
(c) Recipient contributions to total project costs, including allied contributions from other sources such as professional, craft and trade services, and lender interest rate subsidies;
(d) Local government project contributions in the form of infrastructure improvements, and others;
(e) Projects that encourage ownership, management, and other project-related responsibility opportunities;
(f) Projects that demonstrate a strong probability of serving the original target group or income level for a period of at least twenty-five years;
(g) The applicant has the demonstrated ability, stability and resources to implement the project;
(h) Projects which demonstrate serving the greatest need;
(i) Projects that provide housing for persons and families with the lowest incomes;
(j) Projects serving special needs populations which are under statutory mandate to develop community housing;
(k) Project location and access to employment centers in the region or area;
(l) Projects that provide employment and training opportunities for disadvantaged youth under a youthbuild or youthbuild-type program as defined in RCW 50.72.020; and
(m) Project location and access to available public transportation services.
(6) The department may only approve
applications for projects for persons with mental illness that are consistent
with a ((regional support network)) behavioral health and recovery
organization six-year capital and operating plan.
Sec. 50. RCW 43.185.110 and 1993 c 478 s 15 are each amended to read as follows:
The affordable housing advisory
board established in RCW 43.185B.020 shall advise the director on housing
needs in this state, including housing needs for persons ((who are mentally
ill or developmentally disabled)) with mental illness or developmental
disabilities or youth who are blind or deaf or otherwise disabled,
operational aspects of the grant and loan program or revenue collection
programs established by this chapter, and implementation of the policy and
goals of this chapter. Such advice shall be consistent with policies and plans
developed by ((regional support networks)) behavioral health and
recovery organizations according to chapter 71.24 RCW for ((the mentally
ill)) individuals with mental illness and the developmental
disabilities planning council for ((the developmentally disabled)) individuals
with developmental disabilities.
Sec. 51. RCW 43.20A.895 and 2013 c 338 s 2 are each amended to read as follows:
(1) The systems responsible for financing, administration, and delivery of publicly funded mental health and chemical dependency services to adults must be designed and administered to achieve improved outcomes for adult clients served by those systems through increased use and development of evidence-based, research-based, and promising practices, as defined in RCW 71.24.025. For purposes of this section, client outcomes include: Improved health status; increased participation in employment and education; reduced involvement with the criminal justice system; enhanced safety and access to treatment for forensic patients; reduction in avoidable utilization of and costs associated with hospital, emergency room, and crisis services; increased housing stability; improved quality of life, including measures of recovery and resilience; and decreased population level disparities in access to treatment and treatment outcomes.
(2) The department and the health care authority must implement a strategy for the improvement of the adult behavioral health system.
(a) The department must establish a
steering committee that includes at least the following members: Behavioral
health service recipients and their families; local government; representatives
of ((regional support networks)) behavioral health and recovery
organizations; representatives of county coordinators; law enforcement;
city and county jails; tribal representatives; behavioral health service
providers, including at least one chemical dependency provider and at least one
psychiatric advanced registered nurse practitioner; housing providers; medicaid
managed care plan representatives; long-term care service providers;
organizations representing health care professionals providing services in
mental health settings; the Washington state hospital association; the
Washington state medical association; individuals with expertise in evidence-based
and research-based behavioral health service practices; and the health care
authority.
(b) The adult behavioral health system improvement strategy must include:
(i) An assessment of the capacity of the current publicly funded behavioral health services system to provide evidence-based, research-based, and promising practices;
(ii) Identification, development, and increased use of evidence-based, research-based, and promising practices;
(iii) Design and implementation of a transparent quality management system, including analysis of current system capacity to implement outcomes reporting and development of baseline and improvement targets for each outcome measure provided in this section;
(iv) Identification and phased implementation of service delivery, financing, or other strategies that will promote improvement of the behavioral health system as described in this section and incentivize the medical care, behavioral health, and long-term care service delivery systems to achieve the improvements described in this section and collaborate across systems. The strategies must include phased implementation of public reporting of outcome and performance measures in a form that allows for comparison of performance and levels of improvement between geographic regions of Washington; and
(v) Identification of effective methods for promoting workforce capacity, efficiency, stability, diversity, and safety.
(c) The department must seek private foundation and federal grant funding to support the adult behavioral health system improvement strategy.
(d) By May 15, 2014, the Washington state institute for public policy, in consultation with the department, the University of Washington evidence-based practice institute, the University of Washington alcohol and drug abuse institute, and the Washington institute for mental health research and training, shall prepare an inventory of evidence-based, research-based, and promising practices for prevention and intervention services pursuant to subsection (1) of this section. The department shall use the inventory in preparing the behavioral health improvement strategy. The department shall provide the institute with data necessary to complete the inventory.
(e) By August 1, 2014, the department must report to the governor and the relevant fiscal and policy committees of the legislature on the status of implementation of the behavioral health improvement strategy, including strategies developed or implemented to date, timelines, and costs to accomplish phased implementation of the adult behavioral health system improvement strategy.
(3) The department must contract for the services of an independent consultant to review the provision of forensic mental health services in Washington state and provide recommendations as to whether and how the state's forensic mental health system should be modified to provide an appropriate treatment environment for individuals with mental disorders who have been charged with a crime while enhancing the safety and security of the public and other patients and staff at forensic treatment facilities. By August 1, 2014, the department must submit a report regarding the recommendations of the independent consultant to the governor and the relevant fiscal and policy committees of the legislature.
Sec. 52. RCW 43.20A.897 and 2013 c 338 s 7 are each amended to read as follows:
(1) By November 30, 2013, the department and the health care authority must report to the governor and the relevant fiscal and policy committees of the legislature, consistent with RCW 43.01.036, a plan that establishes a tribal-centric behavioral health system incorporating both mental health and chemical dependency services. The plan must assure that child, adult, and older adult American Indians and Alaskan Natives eligible for medicaid have increased access to culturally appropriate mental health and chemical dependency services. The plan must:
(a) Include implementation dates, major milestones, and fiscal estimates as needed;
(b) Emphasize the use of culturally appropriate evidence-based and promising practices;
(c) Address equitable access to crisis services, outpatient care, voluntary and involuntary hospitalization, and behavioral health care coordination;
(d) Identify statutory changes necessary to implement the tribal-centric behavioral health system; and
(e) Be developed with the department's Indian policy advisory committee and the American Indian health commission, in consultation with Washington's federally recognized tribes.
(2) The department shall enter into
agreements with the tribes and urban Indian health programs and modify ((regional
support network)) behavioral health and recovery organization
contracts as necessary to develop a tribal-centric behavioral health system
that better serves the needs of the tribes.
Sec. 53. RCW 43.20C.020 and 2012 c 232 s 3 are each amended to read as follows:
The department of social and health services shall accomplish the following in consultation and collaboration with the Washington state institute for public policy, the evidence-based practice institute at the University of Washington, a university-based child welfare partnership and research entity, other national experts in the delivery of evidence-based services, and organizations representing Washington practitioners:
(1) By September 30, 2012, the Washington state institute for public policy, the University of Washington evidence-based practice institute, in consultation with the department shall publish descriptive definitions of evidence-based, research-based, and promising practices in the areas of child welfare, juvenile rehabilitation, and children's mental health services.
(a) In addition to descriptive definitions, the Washington state institute for public policy and the University of Washington evidence-based practice institute must prepare an inventory of evidence-based, research-based, and promising practices for prevention and intervention services that will be used for the purpose of completing the baseline assessment described in subsection (2) of this section. The inventory shall be periodically updated as more practices are identified.
(b) In identifying evidence-based and research-based services, the Washington state institute for public policy and the University of Washington evidence-based practice institute must:
(i) Consider any available systemic evidence-based assessment of a program's efficacy and cost-effectiveness; and
(ii) Attempt to identify assessments that use valid and reliable evidence.
(c) Using state, federal, or private funds, the department shall prioritize the assessment of promising practices identified in (a) of this subsection with the goal of increasing the number of such practices that meet the standards for evidence-based and research-based practices.
(2) By June 30, 2013, the department and the health care authority shall complete a baseline assessment of utilization of evidence-based and research-based practices in the areas of child welfare, juvenile rehabilitation, and children's mental health services. The assessment must include prevention and intervention services provided through medicaid fee-for-service and healthy options managed care contracts. The assessment shall include estimates of:
(a) The number of children receiving each service;
(b) For juvenile rehabilitation and child welfare services, the total amount of state and federal funds expended on the service;
(c) For children's mental health
services, the number and percentage of encounters using these services that are
provided to children served by ((regional support networks)) behavioral
health and recovery organizations and children receiving mental health
services through medicaid fee-for-service or healthy options;
(d) The relative availability of the service in the various regions of the state; and
(e) To the extent possible, the unmet need for each service.
(3)(a) By December 30, 2013, the department and the health care authority shall report to the governor and to the appropriate fiscal and policy committees of the legislature on recommended strategies, timelines, and costs for increasing the use of evidence-based and research-based practices. The report must distinguish between a reallocation of existing funding to support the recommended strategies and new funding needed to increase the use of the practices.
(b) The department shall provide updated recommendations to the governor and the legislature by December 30, 2014, and by December 30, 2015.
(4)(a) The report required under subsection (3) of this section must include recommendations for the reallocation of resources for evidence-based and research-based practices and substantial increases above the baseline assessment of the use of evidence-based and research-based practices for the 2015-2017 and the 2017-2019 biennia. The recommendations for increases shall be consistent with subsection (2) of this section.
(b) If the department or health care authority anticipates that it will not meet its recommended levels for an upcoming biennium as set forth in its report, it must report to the legislature by November 1st of the year preceding the biennium. The report shall include:
(i) The identified impediments to meeting the recommended levels;
(ii) The current and anticipated performance level; and
(iii) Strategies that will be undertaken to improve performance.
(5) Recommendations made pursuant to subsections (3) and (4) of this section must include strategies to identify programs that are effective with ethnically diverse clients and to consult with tribal governments, experts within ethnically diverse communities, and community organizations that serve diverse communities.
Sec. 54. RCW 43.20C.030 and 2012 c 232 s 4 are each amended to read as follows:
The department of social and health
services, in consultation with a university-based evidence-based practice
institute entity in Washington, the Washington partnership council on juvenile
justice, the child mental health systems of care planning committee, the
children, youth, and family advisory committee, the Washington state racial disproportionality
advisory committee, a university-based child welfare research entity in
Washington state, ((regional support networks)) behavioral health and
recovery organizations, the Washington association of juvenile court
administrators, and the Washington state institute for public policy, shall:
(1) Develop strategies to use unified and coordinated case plans for children, youth, and their families who are or are likely to be involved in multiple systems within the department;
(2) Use monitoring and quality control procedures designed to measure fidelity with evidence-based and research-based prevention and treatment programs; and
(3) Utilize any existing data reporting and system of quality management processes at the state and local level for monitoring the quality control and fidelity of the implementation of evidence-based and research-based practices.
Sec. 55. RCW 44.28.800 and 1998 c 297 s 61 are each amended to read as follows:
The joint legislative audit and review
committee shall conduct an evaluation of the efficiency and effectiveness of
chapter 297, Laws of 1998 in meeting its stated goals. Such an evaluation
shall include the operation of the state mental hospitals and the ((regional
support networks)) behavioral health and recovery organizations, as
well as any other appropriate entity. The joint legislative audit and review
committee shall prepare an interim report of its findings which shall be
delivered to the appropriate legislative committees of the house of
representatives and the senate no later than September 1, 2000. In addition,
the joint legislative audit and review committee shall prepare a final report
of its findings which shall be delivered to the appropriate legislative
committees of the house of representatives and the senate no later than January
1, 2001.
Sec. 56. RCW 48.01.220 and 1993 c 462 s 104 are each amended to read as follows:
The activities and operations of
mental health ((regional support networks)) behavioral health and
recovery organizations, to the extent they pertain to the operation of a
medical assistance managed care system in accordance with chapters 71.24 and
74.09 RCW, are exempt from the requirements of this title.
Sec. 57. RCW 70.02.010 and 2013 c 200 s 1 are each amended to read as follows:
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Admission" has the same meaning as in RCW 71.05.020.
(2) "Audit" means an assessment, evaluation, determination, or investigation of a health care provider by a person not employed by or affiliated with the provider to determine compliance with:
(a) Statutory, regulatory, fiscal, medical, or scientific standards;
(b) A private or public program of payments to a health care provider; or
(c) Requirements for licensing, accreditation, or certification.
(3) "Commitment" has the same meaning as in RCW 71.05.020.
(4) "Custody" has the same meaning as in RCW 71.05.020.
(5) "Deidentified" means health information that does not identify an individual and with respect to which there is no reasonable basis to believe that the information can be used to identify an individual.
(6) "Department" means the department of social and health services.
(7) "Designated mental health professional" has the same meaning as in RCW 71.05.020 or 71.34.020, as applicable.
(8) "Detention" or "detain" has the same meaning as in RCW 71.05.020.
(9) "Directory information" means information disclosing the presence, and for the purpose of identification, the name, location within a health care facility, and the general health condition of a particular patient who is a patient in a health care facility or who is currently receiving emergency health care in a health care facility.
(10) "Discharge" has the same meaning as in RCW 71.05.020.
(11) "Evaluation and treatment facility" has the same meaning as in RCW 71.05.020 or 71.34.020, as applicable.
(12) "Federal, state, or local law enforcement authorities" means an officer of any agency or authority in the United States, a state, a tribe, a territory, or a political subdivision of a state, a tribe, or a territory who is empowered by law to: (a) Investigate or conduct an official inquiry into a potential criminal violation of law; or (b) prosecute or otherwise conduct a criminal proceeding arising from an alleged violation of law.
(13) "General health condition" means the patient's health status described in terms of "critical," "poor," "fair," "good," "excellent," or terms denoting similar conditions.
(14) "Health care" means any care, service, or procedure provided by a health care provider:
(a) To diagnose, treat, or maintain a patient's physical or mental condition; or
(b) That affects the structure or any function of the human body.
(15) "Health care facility" means a hospital, clinic, nursing home, laboratory, office, or similar place where a health care provider provides health care to patients.
(16) "Health care information" means any information, whether oral or recorded in any form or medium, that identifies or can readily be associated with the identity of a patient and directly relates to the patient's health care, including a patient's deoxyribonucleic acid and identified sequence of chemical base pairs. The term includes any required accounting of disclosures of health care information.
(17) "Health care operations" means any of the following activities of a health care provider, health care facility, or third-party payor to the extent that the activities are related to functions that make an entity a health care provider, a health care facility, or a third-party payor:
(a) Conducting: Quality assessment and improvement activities, including outcomes evaluation and development of clinical guidelines, if the obtaining of generalizable knowledge is not the primary purpose of any studies resulting from such activities; population-based activities relating to improving health or reducing health care costs, protocol development, case management and care coordination, contacting of health care providers and patients with information about treatment alternatives; and related functions that do not include treatment;
(b) Reviewing the competence or qualifications of health care professionals, evaluating practitioner and provider performance and third-party payor performance, conducting training programs in which students, trainees, or practitioners in areas of health care learn under supervision to practice or improve their skills as health care providers, training of nonhealth care professionals, accreditation, certification, licensing, or credentialing activities;
(c) Underwriting, premium rating, and other activities relating to the creation, renewal, or replacement of a contract of health insurance or health benefits, and ceding, securing, or placing a contract for reinsurance of risk relating to claims for health care, including stop-loss insurance and excess of loss insurance, if any applicable legal requirements are met;
(d) Conducting or arranging for medical review, legal services, and auditing functions, including fraud and abuse detection and compliance programs;
(e) Business planning and development, such as conducting cost-management and planning-related analyses related to managing and operating the health care facility or third-party payor, including formulary development and administration, development, or improvement of methods of payment or coverage policies; and
(f) Business management and general administrative activities of the health care facility, health care provider, or third-party payor including, but not limited to:
(i) Management activities relating to implementation of and compliance with the requirements of this chapter;
(ii) Customer service, including the provision of data analyses for policy holders, plan sponsors, or other customers, provided that health care information is not disclosed to such policy holder, plan sponsor, or customer;
(iii) Resolution of internal grievances;
(iv) The sale, transfer, merger, or consolidation of all or part of a health care provider, health care facility, or third-party payor with another health care provider, health care facility, or third-party payor or an entity that following such activity will become a health care provider, health care facility, or third-party payor, and due diligence related to such activity; and
(v) Consistent with applicable legal requirements, creating deidentified health care information or a limited dataset for the benefit of the health care provider, health care facility, or third-party payor.
(18) "Health care provider" means a person who is licensed, certified, registered, or otherwise authorized by the law of this state to provide health care in the ordinary course of business or practice of a profession.
(19) "Human immunodeficiency virus" or "HIV" has the same meaning as in RCW 70.24.017.
(20) "Imminent" has the same meaning as in RCW 71.05.020.
(21) "Information and records related to mental health services" means a type of health care information that relates to all information and records, including mental health treatment records, compiled, obtained, or maintained in the course of providing services by a mental health service agency, as defined in this section. This may include documents of legal proceedings under chapter 71.05, 71.34, or 10.77 RCW, or somatic health care information. For health care information maintained by a hospital as defined in RCW 70.41.020 or a health care facility or health care provider that participates with a hospital in an organized health care arrangement defined under federal law, "information and records related to mental health services" is limited to information and records of services provided by a mental health professional or information and records of services created by a hospital-operated community mental health program as defined in RCW 71.24.025(6).
(22) "Information and records related to sexually transmitted diseases" means a type of health care information that relates to the identity of any person upon whom an HIV antibody test or other sexually transmitted infection test is performed, the results of such tests, and any information relating to diagnosis of or treatment for any confirmed sexually transmitted infections.
(23) "Institutional review board" means any board, committee, or other group formally designated by an institution, or authorized under federal or state law, to review, approve the initiation of, or conduct periodic review of research programs to assure the protection of the rights and welfare of human research subjects.
(24) "Legal counsel" has the same meaning as in RCW 71.05.020.
(25) "Local public health officer" has the same meaning as in RCW 70.24.017.
(26) "Maintain," as related to health care information, means to hold, possess, preserve, retain, store, or control that information.
(27) "Mental health professional" has the same meaning as in RCW 71.05.020.
(28) "Mental health service agency" means a public or private agency that provides services to persons with mental disorders as defined under RCW 71.05.020 or 71.34.020 and receives funding from public sources. This includes evaluation and treatment facilities as defined in RCW 71.34.020, community mental health service delivery systems, or community mental health programs, as defined in RCW 71.24.025, and facilities conducting competency evaluations and restoration under chapter 10.77 RCW.
(29) "Mental health treatment
records" include registration records, as defined in RCW 71.05.020, and
all other records concerning persons who are receiving or who at any time have
received services for mental illness, which are maintained by the department,
by ((regional support networks)) behavioral health and recovery
organizations and their staffs, and by treatment facilities.
"Mental health treatment records" include mental health information
contained in a medical bill including, but not limited to, mental health drugs,
a mental health diagnosis, provider name, and dates of service stemming from a
medical service. "Mental health treatment records" do not include
notes or records maintained for personal use by a person providing treatment
services for the department, ((regional support networks)) behavioral
health and recovery organizations, or a treatment facility if the notes or
records are not available to others.
(30) "Minor" has the same meaning as in RCW 71.34.020.
(31) "Parent" has the same meaning as in RCW 71.34.020.
(32) "Patient" means an individual who receives or has received health care. The term includes a deceased individual who has received health care.
(33) "Payment" means:
(a) The activities undertaken by:
(i) A third-party payor to obtain premiums or to determine or fulfill its responsibility for coverage and provision of benefits by the third-party payor; or
(ii) A health care provider, health care facility, or third-party payor, to obtain or provide reimbursement for the provision of health care; and
(b) The activities in (a) of this subsection that relate to the patient to whom health care is provided and that include, but are not limited to:
(i) Determinations of eligibility or coverage, including coordination of benefits or the determination of cost-sharing amounts, and adjudication or subrogation of health benefit claims;
(ii) Risk adjusting amounts due based on enrollee health status and demographic characteristics;
(iii) Billing, claims management, collection activities, obtaining payment under a contract for reinsurance, including stop-loss insurance and excess of loss insurance, and related health care data processing;
(iv) Review of health care services with respect to medical necessity, coverage under a health plan, appropriateness of care, or justification of charges;
(v) Utilization review activities, including precertification and preauthorization of services, and concurrent and retrospective review of services; and
(vi) Disclosure to consumer reporting agencies of any of the following health care information relating to collection of premiums or reimbursement:
(A) Name and address;
(B) Date of birth;
(C) Social security number;
(D) Payment history;
(E) Account number; and
(F) Name and address of the health care provider, health care facility, and/or third-party payor.
(34) "Person" means an individual, corporation, business trust, estate, trust, partnership, association, joint venture, government, governmental subdivision or agency, or any other legal or commercial entity.
(35) "Professional person" has the same meaning as in RCW 71.05.020.
(36) "Psychiatric advanced registered nurse practitioner" has the same meaning as in RCW 71.05.020.
(37) "Reasonable fee" means the charges for duplicating or searching the record, but shall not exceed sixty-five cents per page for the first thirty pages and fifty cents per page for all other pages. In addition, a clerical fee for searching and handling may be charged not to exceed fifteen dollars. These amounts shall be adjusted biennially in accordance with changes in the consumer price index, all consumers, for Seattle-Tacoma metropolitan statistical area as determined by the secretary of health. However, where editing of records by a health care provider is required by statute and is done by the provider personally, the fee may be the usual and customary charge for a basic office visit.
(38) "Release" has the same meaning as in RCW 71.05.020.
(39) "Resource management services" has the same meaning as in RCW 71.05.020.
(40) "Serious violent offense" has the same meaning as in RCW 71.05.020.
(41) "Sexually transmitted infection" or "sexually transmitted disease" has the same meaning as "sexually transmitted disease" in RCW 70.24.017.
(42) "Test for a sexually transmitted disease" has the same meaning as in RCW 70.24.017.
(43) "Third-party payor" means an insurer regulated under Title 48 RCW authorized to transact business in this state or other jurisdiction, including a health care service contractor, and health maintenance organization; or an employee welfare benefit plan, excluding fitness or wellness plans; or a state or federal health benefit program.
(44) "Treatment" means the provision, coordination, or management of health care and related services by one or more health care providers or health care facilities, including the coordination or management of health care by a health care provider or health care facility with a third party; consultation between health care providers or health care facilities relating to a patient; or the referral of a patient for health care from one health care provider or health care facility to another.
Sec. 58. RCW 70.02.230 and 2013 c 200 s 7 are each amended to read as follows:
(1) Except as provided in this section, RCW 70.02.050, 71.05.445, 70.96A.150, 74.09.295, 70.02.210, 70.02.240, 70.02.250, and 70.02.260, or pursuant to a valid authorization under RCW 70.02.030, the fact of admission to a provider for mental health services and all information and records compiled, obtained, or maintained in the course of providing mental health services to either voluntary or involuntary recipients of services at public or private agencies must be confidential.
(2) Information and records related to mental health services, other than those obtained through treatment under chapter 71.34 RCW, may be disclosed only:
(a) In communications between qualified professional persons to meet the requirements of chapter 71.05 RCW, in the provision of services or appropriate referrals, or in the course of guardianship proceedings if provided to a professional person:
(i) Employed by the facility;
(ii) Who has medical responsibility for the patient's care;
(iii) Who is a designated mental health professional;
(iv) Who is providing services under chapter 71.24 RCW;
(v) Who is employed by a state or local correctional facility where the person is confined or supervised; or
(vi) Who is providing evaluation, treatment, or follow-up services under chapter 10.77 RCW;
(b) When the communications regard the special needs of a patient and the necessary circumstances giving rise to such needs and the disclosure is made by a facility providing services to the operator of a facility in which the patient resides or will reside;
(c)(i) When the person receiving services, or his or her guardian, designates persons to whom information or records may be released, or if the person is a minor, when his or her parents make such a designation;
(ii) A public or private agency shall release to a person's next of kin, attorney, personal representative, guardian, or conservator, if any:
(A) The information that the person is presently a patient in the facility or that the person is seriously physically ill;
(B) A statement evaluating the mental and physical condition of the patient, and a statement of the probable duration of the patient's confinement, if such information is requested by the next of kin, attorney, personal representative, guardian, or conservator; and
(iii) Other information requested by the next of kin or attorney as may be necessary to decide whether or not proceedings should be instituted to appoint a guardian or conservator;
(d)(i) To the courts as necessary to the administration of chapter 71.05 RCW or to a court ordering an evaluation or treatment under chapter 10.77 RCW solely for the purpose of preventing the entry of any evaluation or treatment order that is inconsistent with any order entered under chapter 71.05 RCW.
(ii) To a court or its designee in which a motion under chapter 10.77 RCW has been made for involuntary medication of a defendant for the purpose of competency restoration.
(iii) Disclosure under this subsection is mandatory for the purpose of the federal health insurance portability and accountability act;
(e)(i) When a mental health professional is requested by a representative of a law enforcement or corrections agency, including a police officer, sheriff, community corrections officer, a municipal attorney, or prosecuting attorney to undertake an investigation or provide treatment under RCW 71.05.150, 10.31.110, or 71.05.153, the mental health professional shall, if requested to do so, advise the representative in writing of the results of the investigation including a statement of reasons for the decision to detain or release the person investigated. The written report must be submitted within seventy-two hours of the completion of the investigation or the request from the law enforcement or corrections representative, whichever occurs later.
(ii) Disclosure under this subsection is mandatory for the purposes of the federal health insurance portability and accountability act;
(f) To the attorney of the detained person;
(g) To the prosecuting attorney as necessary to carry out the responsibilities of the office under RCW 71.05.330(2), 71.05.340(1)(b), and 71.05.335. The prosecutor must be provided access to records regarding the committed person's treatment and prognosis, medication, behavior problems, and other records relevant to the issue of whether treatment less restrictive than inpatient treatment is in the best interest of the committed person or others. Information must be disclosed only after giving notice to the committed person and the person's counsel;
(h)(i) To appropriate law enforcement agencies and to a person, when the identity of the person is known to the public or private agency, whose health and safety has been threatened, or who is known to have been repeatedly harassed, by the patient. The person may designate a representative to receive the disclosure. The disclosure must be made by the professional person in charge of the public or private agency or his or her designee and must include the dates of commitment, admission, discharge, or release, authorized or unauthorized absence from the agency's facility, and only any other information that is pertinent to the threat or harassment. The agency or its employees are not civilly liable for the decision to disclose or not, so long as the decision was reached in good faith and without gross negligence.
(ii) Disclosure under this subsection is mandatory for the purposes of the federal health insurance portability and accountability act;
(i)(i) To appropriate corrections and law enforcement agencies all necessary and relevant information in the event of a crisis or emergent situation that poses a significant and imminent risk to the public. The mental health service agency or its employees are not civilly liable for the decision to disclose or not so long as the decision was reached in good faith and without gross negligence.
(ii) Disclosure under this subsection is mandatory for the purposes of the health insurance portability and accountability act;
(j) To the persons designated in RCW 71.05.425 for the purposes described in those sections;
(k) Upon the death of a person. The person's next of kin, personal representative, guardian, or conservator, if any, must be notified. Next of kin who are of legal age and competent must be notified under this section in the following order: Spouse, parents, children, brothers and sisters, and other relatives according to the degree of relation. Access to all records and information compiled, obtained, or maintained in the course of providing services to a deceased patient are governed by RCW 70.02.140;
(l) To mark headstones or otherwise memorialize patients interred at state hospital cemeteries. The department of social and health services shall make available the name, date of birth, and date of death of patients buried in state hospital cemeteries fifty years after the death of a patient;
(m) To law enforcement officers and to prosecuting attorneys as are necessary to enforce RCW 9.41.040(2)(a)(ii). The extent of information that may be released is limited as follows:
(i) Only the fact, place, and date of involuntary commitment, an official copy of any order or orders of commitment, and an official copy of any written or oral notice of ineligibility to possess a firearm that was provided to the person pursuant to RCW 9.41.047(1), must be disclosed upon request;
(ii) The law enforcement and prosecuting attorneys may only release the information obtained to the person's attorney as required by court rule and to a jury or judge, if a jury is waived, that presides over any trial at which the person is charged with violating RCW 9.41.040(2)(a)(ii);
(iii) Disclosure under this subsection is mandatory for the purposes of the federal health insurance portability and accountability act;
(n) When a patient would otherwise be subject to the provisions of this section and disclosure is necessary for the protection of the patient or others due to his or her unauthorized disappearance from the facility, and his or her whereabouts is unknown, notice of the disappearance, along with relevant information, may be made to relatives, the department of corrections when the person is under the supervision of the department, and governmental law enforcement agencies designated by the physician or psychiatric advanced registered nurse practitioner in charge of the patient or the professional person in charge of the facility, or his or her professional designee;
(o) Pursuant to lawful order of a court;
(p) To qualified staff members of
the department, to the director of ((regional support networks)) behavioral
health and recovery organizations, to resource management services
responsible for serving a patient, or to service providers designated by
resource management services as necessary to determine the progress and
adequacy of treatment and to determine whether the person should be transferred
to a less restrictive or more appropriate treatment modality or facility;
(q) Within the treatment facility where the patient is receiving treatment, confidential information may be disclosed to persons employed, serving in bona fide training programs, or participating in supervised volunteer programs, at the facility when it is necessary to perform their duties;
(r) Within the department as necessary to coordinate treatment for mental illness, developmental disabilities, alcoholism, or drug abuse of persons who are under the supervision of the department;
(s) To a licensed physician or psychiatric advanced registered nurse practitioner who has determined that the life or health of the person is in danger and that treatment without the information contained in the mental health treatment records could be injurious to the patient's health. Disclosure must be limited to the portions of the records necessary to meet the medical emergency;
(t) Consistent with the requirements of the federal health information portability and accountability act, to a licensed mental health professional or a health care professional licensed under chapter 18.71, 18.71A, 18.57, 18.57A, 18.79, or 18.36A RCW who is providing care to a person, or to whom a person has been referred for evaluation or treatment, to assure coordinated care and treatment of that person. Psychotherapy notes, as defined in 45 C.F.R. Sec. 164.501, may not be released without authorization of the person who is the subject of the request for release of information;
(u) To administrative and office support staff designated to obtain medical records for those licensed professionals listed in (t) of this subsection;
(v) To a facility that is to receive a person who is involuntarily committed under chapter 71.05 RCW, or upon transfer of the person from one treatment facility to another. The release of records under this subsection is limited to the mental health treatment records required by law, a record or summary of all somatic treatments, and a discharge summary. The discharge summary may include a statement of the patient's problem, the treatment goals, the type of treatment which has been provided, and recommendation for future treatment, but may not include the patient's complete treatment record;
(w) To the person's counsel or guardian ad litem, without modification, at any time in order to prepare for involuntary commitment or recommitment proceedings, reexaminations, appeals, or other actions relating to detention, admission, commitment, or patient's rights under chapter 71.05 RCW;
(x) To staff members of the protection and advocacy agency or to staff members of a private, nonprofit corporation for the purpose of protecting and advocating the rights of persons with mental disorders or developmental disabilities. Resource management services may limit the release of information to the name, birthdate, and county of residence of the patient, information regarding whether the patient was voluntarily admitted, or involuntarily committed, the date and place of admission, placement, or commitment, the name and address of a guardian of the patient, and the date and place of the guardian's appointment. Any staff member who wishes to obtain additional information must notify the patient's resource management services in writing of the request and of the resource management services' right to object. The staff member shall send the notice by mail to the guardian's address. If the guardian does not object in writing within fifteen days after the notice is mailed, the staff member may obtain the additional information. If the guardian objects in writing within fifteen days after the notice is mailed, the staff member may not obtain the additional information;
(y) To all current treating providers of the patient with prescriptive authority who have written a prescription for the patient within the last twelve months. For purposes of coordinating health care, the department may release without written authorization of the patient, information acquired for billing and collection purposes as described in RCW 70.02.050(1)(e). The department shall notify the patient that billing and collection information has been released to named providers, and provide the substance of the information released and the dates of such release. The department may not release counseling, inpatient psychiatric hospitalization, or drug and alcohol treatment information without a signed written release from the client;
(z)(i) To the secretary of social and health services for either program evaluation or research, or both so long as the secretary adopts rules for the conduct of the evaluation or research, or both. Such rules must include, but need not be limited to, the requirement that all evaluators and researchers sign an oath of confidentiality substantially as follows:
"As a condition of conducting evaluation or research concerning persons who have received services from (fill in the facility, agency, or person) I, . . . . . ., agree not to divulge, publish, or otherwise make known to unauthorized persons or the public any information obtained in the course of such evaluation or research regarding persons who have received services such that the person who received such services is identifiable.
I recognize that unauthorized release of confidential information may subject me to civil liability under the provisions of state law.
/s/ . . . . . ."
(ii) Nothing in this chapter may be construed to prohibit the compilation and publication of statistical data for use by government or researchers under standards, including standards to assure maintenance of confidentiality, set forth by the secretary.
(3) Whenever federal law or federal regulations restrict the release of information contained in the treatment records of any patient who receives treatment for chemical dependency, the department may restrict the release of the information as necessary to comply with federal law and regulations.
(4) Civil liability and immunity for the release of information about a particular person who is committed to the department of social and health services under RCW 71.05.280(3) and 71.05.320(3)(c) after dismissal of a sex offense as defined in RCW 9.94A.030, is governed by RCW 4.24.550.
(5) The fact of admission to a provider of mental health services, as well as all records, files, evidence, findings, or orders made, prepared, collected, or maintained pursuant to chapter 71.05 RCW are not admissible as evidence in any legal proceeding outside that chapter without the written authorization of the person who was the subject of the proceeding except as provided in RCW 70.02.260, in a subsequent criminal prosecution of a person committed pursuant to RCW 71.05.280(3) or 71.05.320(3)(c) on charges that were dismissed pursuant to chapter 10.77 RCW due to incompetency to stand trial, in a civil commitment proceeding pursuant to chapter 71.09 RCW, or, in the case of a minor, a guardianship or dependency proceeding. The records and files maintained in any court proceeding pursuant to chapter 71.05 RCW must be confidential and available subsequent to such proceedings only to the person who was the subject of the proceeding or his or her attorney. In addition, the court may order the subsequent release or use of such records or files only upon good cause shown if the court finds that appropriate safeguards for strict confidentiality are and will be maintained.
(6)(a) Except as provided in RCW 4.24.550, any person may bring an action against an individual who has willfully released confidential information or records concerning him or her in violation of the provisions of this section, for the greater of the following amounts:
(i) One thousand dollars; or
(ii) Three times the amount of actual damages sustained, if any.
(b) It is not a prerequisite to recovery under this subsection that the plaintiff suffered or was threatened with special, as contrasted with general, damages.
(c) Any person may bring an action to enjoin the release of confidential information or records concerning him or her or his or her ward, in violation of the provisions of this section, and may in the same action seek damages as provided in this subsection.
(d) The court may award to the plaintiff, should he or she prevail in any action authorized by this subsection, reasonable attorney fees in addition to those otherwise provided by law.
(e) If an action is brought under this subsection, no action may be brought under RCW 70.02.170.
Sec. 59. RCW 70.02.250 and 2013 c 200 s 9 are each amended to read as follows:
(1) Information and records related to mental health services delivered to a person subject to chapter 9.94A or 9.95 RCW must be released, upon request, by a mental health service agency to department of corrections personnel for whom the information is necessary to carry out the responsibilities of their office. The information must be provided only for the purpose of completing presentence investigations, supervision of an incarcerated person, planning for and provision of supervision of a person, or assessment of a person's risk to the community. The request must be in writing and may not require the consent of the subject of the records.
(2) The information to be released to the department of corrections must include all relevant records and reports, as defined by rule, necessary for the department of corrections to carry out its duties, including those records and reports identified in subsection (1) of this section.
(3) The department shall, subject
to available resources, electronically, or by the most cost-effective means
available, provide the department of corrections with the names, last dates of
services, and addresses of specific ((regional support networks)) behavioral
health and recovery organizations and mental health service agencies that
delivered mental health services to a person subject to chapter 9.94A or 9.95
RCW pursuant to an agreement between the departments.
(4) The department and the
department of corrections, in consultation with ((regional support networks))
behavioral health and recovery organizations, mental health service
agencies as defined in RCW 70.02.010, mental health consumers, and advocates
for persons with mental illness, shall adopt rules to implement the provisions
of this section related to the type and scope of information to be released.
These rules must:
(a) Enhance and facilitate the ability of the department of corrections to carry out its responsibility of planning and ensuring community protection with respect to persons subject to sentencing under chapter 9.94A or 9.95 RCW, including accessing and releasing or disclosing information of persons who received mental health services as a minor; and
(b) Establish requirements for the notification of persons under the supervision of the department of corrections regarding the provisions of this section.
(5) The information received by the department of corrections under this section must remain confidential and subject to the limitations on disclosure outlined in chapter 71.34 RCW, except as provided in RCW 72.09.585.
(6) No mental health service agency or individual employed by a mental health service agency may be held responsible for information released to or used by the department of corrections under the provisions of this section or rules adopted under this section.
(7) Whenever federal law or federal regulations restrict the release of information contained in the treatment records of any patient who receives treatment for alcoholism or drug dependency, the release of the information may be restricted as necessary to comply with federal law and regulations.
(8) This section does not modify the terms and conditions of disclosure of information related to sexually transmitted diseases under this chapter.
Sec. 60. RCW 70.320.010 and 2013 c 320 s 1 are each amended to read as follows:
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Authority" means the health care authority.
(2) "Department" means the department of social and health services.
(3) "Emerging best practice" or "promising practice" means a program or practice that, based on statistical analyses or a well-established theory of change, shows potential for meeting the evidence-based or research-based criteria, which may include the use of a program that is evidence-based for outcomes other than those listed in this section.
(4) "Evidence-based" means a program or practice that has been tested in heterogeneous or intended populations with multiple randomized, or statistically controlled evaluations, or both; or one large multiple site randomized, or statistically controlled evaluation, or both, where the weight of the evidence from a systemic review demonstrates sustained improvements in at least one outcome. "Evidence-based" also means a program or practice that can be implemented with a set of procedures to allow successful replication in Washington and, when possible, is determined to be cost-beneficial.
(5) "Research-based" means a program or practice that has been tested with a single randomized, or statistically controlled evaluation, or both, demonstrating sustained desirable outcomes; or where the weight of the evidence from a systemic review supports sustained outcomes as described in this subsection but does not meet the full criteria for evidence-based.
(6) "Service coordination
organization" or "service contracting entity" means the authority
and department, or an entity that may contract with the state to provide,
directly or through subcontracts, a comprehensive delivery system of medical,
behavioral, long-term care, or social support services, including entities such
as ((regional support networks)) behavioral health and recovery
organizations as defined in RCW 71.24.025, managed care organizations that
provide medical services to clients under chapter 74.09 RCW, counties providing
chemical dependency services under chapters 74.50 and 70.96A RCW, and area
agencies on aging providing case management services under chapter 74.39A RCW.
Sec. 61. RCW 70.96B.010 and 2011 c 89 s 10 are each amended to read as follows:
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Admission" or "admit" means a decision by a physician that a person should be examined or treated as a patient in a hospital, an evaluation and treatment facility, or other inpatient facility, or a decision by a professional person in charge or his or her designee that a person should be detained as a patient for evaluation and treatment in a secure detoxification facility or other certified chemical dependency provider.
(2) "Antipsychotic medications" means that class of drugs primarily used to treat serious manifestations of mental illness associated with thought disorders, which includes but is not limited to atypical antipsychotic medications.
(3) "Approved treatment program" means a discrete program of chemical dependency treatment provided by a treatment program certified by the department as meeting standards adopted under chapter 70.96A RCW.
(4) "Attending staff" means any person on the staff of a public or private agency having responsibility for the care and treatment of a patient.
(5) "Chemical dependency" means:
(a) Alcoholism;
(b) Drug addiction; or
(c) Dependence on alcohol and one or more other psychoactive chemicals, as the context requires.
(6) "Chemical dependency professional" means a person certified as a chemical dependency professional by the department of health under chapter 18.205 RCW.
(7) "Commitment" means the determination by a court that a person should be detained for a period of either evaluation or treatment, or both, in an inpatient or a less restrictive setting.
(8) "Conditional release" means a revocable modification of a commitment that may be revoked upon violation of any of its terms.
(9) "Custody" means involuntary detention under either chapter 71.05 or 70.96A RCW or this chapter, uninterrupted by any period of unconditional release from commitment from a facility providing involuntary care and treatment.
(10) "Department" means the department of social and health services.
(11) "Designated chemical dependency specialist" or "specialist" means a person designated by the county alcoholism and other drug addiction program coordinator designated under RCW 70.96A.310 to perform the commitment duties described in RCW 70.96A.140 and this chapter, and qualified to do so by meeting standards adopted by the department.
(12) "Designated crisis
responder" means a person designated by the county or ((regional
support network)) behavioral health and recovery organization to
perform the duties specified in this chapter.
(13) "Designated mental health professional" means a mental health professional designated by the county or other authority authorized in rule to perform the duties specified in this chapter.
(14) "Detention" or "detain" means the lawful confinement of a person under this chapter, or chapter 70.96A or 71.05 RCW.
(15) "Developmental disabilities professional" means a person who has specialized training and three years of experience in directly treating or working with individuals with developmental disabilities and is a psychiatrist, psychologist, or social worker, and such other developmental disabilities professionals as may be defined by rules adopted by the secretary.
(16) "Developmental disability" means that condition defined in RCW 71A.10.020.
(17) "Discharge" means the termination of facility authority. The commitment may remain in place, be terminated, or be amended by court order.
(18) "Evaluation and treatment facility" means any facility that can provide directly, or by direct arrangement with other public or private agencies, emergency evaluation and treatment, outpatient care, and timely and appropriate inpatient care to persons suffering from a mental disorder, and that is certified as such by the department. A physically separate and separately operated portion of a state hospital may be designated as an evaluation and treatment facility. A facility that is part of, or operated by, the department or any federal agency does not require certification. No correctional institution or facility, or jail, may be an evaluation and treatment facility within the meaning of this chapter.
(19) "Facility" means either an evaluation and treatment facility or a secure detoxification facility.
(20) "Gravely disabled" means a condition in which a person, as a result of a mental disorder, or as a result of the use of alcohol or other psychoactive chemicals:
(a) Is in danger of serious physical harm resulting from a failure to provide for his or her essential human needs of health or safety; or
(b) Manifests severe deterioration in routine functioning evidenced by repeated and escalating loss of cognitive or volitional control over his or her actions and is not receiving such care as is essential for his or her health or safety.
(21) "History of one or more violent acts" refers to the period of time ten years before the filing of a petition under this chapter, or chapter 70.96A or 71.05 RCW, excluding any time spent, but not any violent acts committed, in a mental health facility or a long-term alcoholism or drug treatment facility, or in confinement as a result of a criminal conviction.
(22) "Imminent" means the state or condition of being likely to occur at any moment or near at hand, rather than distant or remote.
(23) "Intoxicated person" means a person whose mental or physical functioning is substantially impaired as a result of the use of alcohol or other psychoactive chemicals.
(24) "Judicial commitment" means a commitment by a court under this chapter.
(25) "Licensed physician" means a person licensed to practice medicine or osteopathic medicine and surgery in the state of Washington.
(26) "Likelihood of serious harm" means:
(a) A substantial risk that:
(i) Physical harm will be inflicted by a person upon his or her own person, as evidenced by threats or attempts to commit suicide or inflict physical harm on oneself;
(ii) Physical harm will be inflicted by a person upon another, as evidenced by behavior that has caused such harm or that places another person or persons in reasonable fear of sustaining such harm; or
(iii) Physical harm will be inflicted by a person upon the property of others, as evidenced by behavior that has caused substantial loss or damage to the property of others; or
(b) The person has threatened the physical safety of another and has a history of one or more violent acts.
(27) "Mental disorder" means any organic, mental, or emotional impairment that has substantial adverse effects on a person's cognitive or volitional functions.
(28) "Mental health professional" means a psychiatrist, psychologist, psychiatric nurse, or social worker, and such other mental health professionals as may be defined by rules adopted by the secretary under the authority of chapter 71.05 RCW.
(29) "Peace officer" means a law enforcement official of a public agency or governmental unit, and includes persons specifically given peace officer powers by any state law, local ordinance, or judicial order of appointment.
(30) "Person in charge" means a physician or chemical dependency counselor as defined in rule by the department, who is empowered by a certified treatment program with authority to make assessment, admission, continuing care, and discharge decisions on behalf of the certified program.
(31) "Private agency" means any person, partnership, corporation, or association that is not a public agency, whether or not financed in whole or in part by public funds, that constitutes an evaluation and treatment facility or private institution, or hospital, or approved treatment program, that is conducted for, or includes a department or ward conducted for, the care and treatment of persons who are mentally ill and/or chemically dependent.
(32) "Professional person" means a mental health professional or chemical dependency professional and shall also mean a physician, registered nurse, and such others as may be defined by rules adopted by the secretary pursuant to the provisions of this chapter.
(33) "Psychiatrist" means a person having a license as a physician and surgeon in this state who has in addition completed three years of graduate training in psychiatry in a program approved by the American medical association or the American osteopathic association and is certified or eligible to be certified by the American board of psychiatry and neurology.
(34) "Psychologist" means a person who has been licensed as a psychologist under chapter 18.83 RCW.
(35) "Public agency" means any evaluation and treatment facility or institution, or hospital, or approved treatment program that is conducted for, or includes a department or ward conducted for, the care and treatment of persons who are mentally ill and/or chemically dependent, if the agency is operated directly by federal, state, county, or municipal government, or a combination of such governments.
(36) "Registration
records" means all the records of the department, ((regional support
networks)) behavioral health and recovery organizations, treatment
facilities, and other persons providing services to the department, county
departments, or facilities which identify persons who are receiving or who at
any time have received services for mental illness.
(37) "Release" means legal termination of the commitment under chapter 70.96A or 71.05 RCW or this chapter.
(38) "Secretary" means the secretary of the department or the secretary's designee.
(39) "Secure detoxification facility" means a facility operated by either a public or private agency or by the program of an agency that serves the purpose of providing evaluation and assessment, and acute and/or subacute detoxification services for intoxicated persons and includes security measures sufficient to protect the patients, staff, and community.
(40) "Social worker" means a person with a master's or further advanced degree from a social work educational program accredited and approved as provided in RCW 18.320.010.
(41) "Treatment records"
means registration records and all other records concerning persons who are receiving
or who at any time have received services for mental illness, which are
maintained by the department, by ((regional support networks)) behavioral
health and recovery organizations and their staffs, and by treatment
facilities. Treatment records do not include notes or records maintained for
personal use by a person providing treatment services for the department, ((regional
support networks)) behavioral health and recovery organizations, or
a treatment facility if the notes or records are not available to others.
(42) "Violent act" means behavior that resulted in homicide, attempted suicide, nonfatal injuries, or substantial damage to property.
Sec. 62. RCW 70.96B.020 and 2005 c 504 s 203 are each amended to read as follows:
(1) The secretary, after consulting
with the Washington state association of counties, shall select and contract
with ((regional support networks)) behavioral health and recovery
organizations or counties to provide two integrated crisis response and involuntary
treatment pilot programs for adults and shall allocate resources for both
integrated services and secure detoxification services in the pilot areas. In
selecting the two ((regional support networks)) behavioral health and
recovery organizations or counties, the secretary shall endeavor to site
one in an urban and one in a rural ((regional support network)) behavioral
health and recovery organization or county; and to site them in counties
other than those selected pursuant to RCW 70.96A.800, to the extent necessary
to facilitate evaluation of pilot project results.
(2) The ((regional support
networks)) behavioral health and recovery organizations or counties
shall implement the pilot programs by providing integrated crisis response and
involuntary treatment to persons with a chemical dependency, a mental disorder,
or both, consistent with this chapter. The pilot programs shall:
(a) Combine the crisis responder functions of a designated mental health professional under chapter 71.05 RCW and a designated chemical dependency specialist under chapter 70.96A RCW by establishing a new designated crisis responder who is authorized to conduct investigations and detain persons up to seventy-two hours to the proper facility;
(b) Provide training to the crisis responders as required by the department;
(c) Provide sufficient staff and resources to ensure availability of an adequate number of crisis responders twenty-four hours a day, seven days a week;
(d) Provide the administrative and court-related staff, resources, and processes necessary to facilitate the legal requirements of the initial detention and the commitment hearings for persons with a chemical dependency;
(e) Participate in the evaluation and report to assess the outcomes of the pilot programs including providing data and information as requested;
(f) Provide the other services necessary to the implementation of the pilot programs, consistent with this chapter as determined by the secretary in contract; and
(g) Collaborate with the department of corrections where persons detained or committed are also subject to supervision by the department of corrections.
(3) The pilot programs established by this section shall begin providing services by March 1, 2006.
Sec. 63. RCW 70.96B.030 and 2005 c 504 s 204 are each amended to read as follows:
To qualify as a designated crisis responder, a person must have received chemical dependency training as determined by the department and be a:
(1) Psychiatrist, psychologist, psychiatric nurse, or social worker;
(2) Person with a master's degree or further advanced degree in counseling or one of the social sciences from an accredited college or university and who have, in addition, at least two years of experience in direct treatment of persons with mental illness or emotional disturbance, such experience gained under the direction of a mental health professional;
(3) Person who meets the waiver criteria of RCW 71.24.260, which waiver was granted before 1986;
(4) Person who had an approved
waiver to perform the duties of a mental health professional that was requested
by the ((regional support network)) behavioral health and recovery
organization and granted by the department before July 1, 2001; or
(5) Person who has been granted a time-limited exception of the minimum requirements of a mental health professional by the department consistent with rules adopted by the secretary.
Sec. 64. RCW 70.96C.010 and 2005 c 504 s 601 are each amended to read as follows:
(1) The department of social and health services, in consultation with the members of the team charged with developing the state plan for co-occurring mental and substance abuse disorders, shall adopt, not later than January 1, 2006, an integrated and comprehensive screening and assessment process for chemical dependency and mental disorders and co-occurring chemical dependency and mental disorders.
(a) The process adopted shall include, at a minimum:
(i) An initial screening tool that can be used by intake personnel system-wide and which will identify the most common types of co-occurring disorders;
(ii) An assessment process for those cases in which assessment is indicated that provides an appropriate degree of assessment for most situations, which can be expanded for complex situations;
(iii) Identification of triggers in the screening that indicate the need to begin an assessment;
(iv) Identification of triggers after or outside the screening that indicate a need to begin or resume an assessment;
(v) The components of an assessment process and a protocol for determining whether part or all of the assessment is necessary, and at what point; and
(vi) Emphasis that the process adopted under this section is to replace and not to duplicate existing intake, screening, and assessment tools and processes.
(b) The department shall consider existing models, including those already adopted by other states, and to the extent possible, adopt an established, proven model.
(c) The integrated, comprehensive screening and assessment process shall be implemented statewide by all chemical dependency and mental health treatment providers as well as all designated mental health professionals, designated chemical dependency specialists, and designated crisis responders not later than January 1, 2007.
(2) The department shall provide adequate training to effect statewide implementation by the dates designated in this section and shall report the rates of co-occurring disorders and the stage of screening or assessment at which the co-occurring disorder was identified to the appropriate committees of the legislature.
(3) The department shall establish
contractual penalties to contracted treatment providers, the ((regional
support networks)) behavioral health and recovery organizations, and
their contracted providers for failure to implement the integrated screening
and assessment process by July 1, 2007.
Sec. 65. RCW 70.97.010 and 2011 c 89 s 11 are each amended to read as follows:
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Antipsychotic medications" means that class of drugs primarily used to treat serious manifestations of mental illness associated with thought disorders, which includes but is not limited to atypical antipsychotic medications.
(2) "Attending staff" means any person on the staff of a public or private agency having responsibility for the care and treatment of a patient.
(3) "Chemical dependency" means alcoholism, drug addiction, or dependence on alcohol and one or more other psychoactive chemicals, as the context requires and as those terms are defined in chapter 70.96A RCW.
(4) "Chemical dependency professional" means a person certified as a chemical dependency professional by the department of health under chapter 18.205 RCW.
(5) "Commitment" means the determination by a court that an individual should be detained for a period of either evaluation or treatment, or both, in an inpatient or a less restrictive setting.
(6) "Conditional release" means a modification of a commitment that may be revoked upon violation of any of its terms.
(7) "Custody" means involuntary detention under chapter 71.05 or 70.96A RCW, uninterrupted by any period of unconditional release from commitment from a facility providing involuntary care and treatment.
(8) "Department" means the department of social and health services.
(9) "Designated responder" means a designated mental health professional, a designated chemical dependency specialist, or a designated crisis responder as those terms are defined in chapter 70.96A, 71.05, or 70.96B RCW.
(10) "Detention" or "detain" means the lawful confinement of an individual under chapter 70.96A or 71.05 RCW.
(11) "Discharge" means the termination of facility authority. The commitment may remain in place, be terminated, or be amended by court order.
(12) "Enhanced services facility" means a facility that provides treatment and services to persons for whom acute inpatient treatment is not medically necessary and who have been determined by the department to be inappropriate for placement in other licensed facilities due to the complex needs that result in behavioral and security issues.
(13) "Expanded community services program" means a nonsecure program of enhanced behavioral and residential support provided to long-term and residential care providers serving specifically eligible clients who would otherwise be at risk for hospitalization at state hospital geriatric units.
(14) "Facility" means an enhanced services facility.
(15) "Gravely disabled" means a condition in which an individual, as a result of a mental disorder, as a result of the use of alcohol or other psychoactive chemicals, or both:
(a) Is in danger of serious physical harm resulting from a failure to provide for his or her essential human needs of health or safety; or
(b) Manifests severe deterioration in routine functioning evidenced by repeated and escalating loss of cognitive or volitional control over his or her actions and is not receiving such care as is essential for his or her health or safety.
(16) "History of one or more violent acts" refers to the period of time ten years before the filing of a petition under this chapter, or chapter 70.96A or 71.05 RCW, excluding any time spent, but not any violent acts committed, in a mental health facility or a long-term alcoholism or drug treatment facility, or in confinement as a result of a criminal conviction.
(17) "Licensed physician" means a person licensed to practice medicine or osteopathic medicine and surgery in the state of Washington.
(18) "Likelihood of serious harm" means:
(a) A substantial risk that:
(i) Physical harm will be inflicted by an individual upon his or her own person, as evidenced by threats or attempts to commit suicide or inflict physical harm on oneself;
(ii) Physical harm will be inflicted by an individual upon another, as evidenced by behavior that has caused such harm or that places another person or persons in reasonable fear of sustaining such harm; or
(iii) Physical harm will be inflicted by an individual upon the property of others, as evidenced by behavior that has caused substantial loss or damage to the property of others; or
(b) The individual has threatened the physical safety of another and has a history of one or more violent acts.
(19) "Mental disorder" means any organic, mental, or emotional impairment that has substantial adverse effects on an individual's cognitive or volitional functions.
(20) "Mental health professional" means a psychiatrist, psychologist, psychiatric nurse, or social worker, and such other mental health professionals as may be defined by rules adopted by the secretary under the authority of chapter 71.05 RCW.
(21) "Professional person" means a mental health professional and also means a physician, registered nurse, and such others as may be defined in rules adopted by the secretary pursuant to the provisions of this chapter.
(22) "Psychiatrist" means a person having a license as a physician and surgeon in this state who has in addition completed three years of graduate training in psychiatry in a program approved by the American medical association or the American osteopathic association and is certified or eligible to be certified by the American board of psychiatry and neurology.
(23) "Psychologist" means a person who has been licensed as a psychologist under chapter 18.83 RCW.
(24) "Registration
records" include all the records of the department, ((regional support
networks)) behavioral health and recovery organizations, treatment
facilities, and other persons providing services to the department, county
departments, or facilities which identify individuals who are receiving or who
at any time have received services for mental illness.
(25) "Release" means legal termination of the commitment under chapter 70.96A or 71.05 RCW.
(26) "Resident" means a person admitted to an enhanced services facility.
(27) "Secretary" means the secretary of the department or the secretary's designee.
(28) "Significant change" means:
(a) A deterioration in a resident's physical, mental, or psychosocial condition that has caused or is likely to cause clinical complications or life-threatening conditions; or
(b) An improvement in the resident's physical, mental, or psychosocial condition that may make the resident eligible for release or for treatment in a less intensive or less secure setting.
(29) "Social worker" means a person with a master's or further advanced degree from a social work educational program accredited and approved as provided in RCW 18.320.010.
(30) "Treatment" means the broad range of emergency, detoxification, residential, inpatient, and outpatient services and care, including diagnostic evaluation, mental health or chemical dependency education and counseling, medical, psychiatric, psychological, and social service care, vocational rehabilitation, and career counseling, which may be extended to persons with mental disorders, chemical dependency disorders, or both, and their families.
(31) "Treatment records"
include registration and all other records concerning individuals who are
receiving or who at any time have received services for mental illness, which
are maintained by the department, by ((regional support networks)) behavioral
health and recovery organizations and their staffs, and by treatment
facilities. "Treatment records" do not include notes or records
maintained for personal use by an individual providing treatment services for
the department, ((regional support networks)) behavioral health and
recovery organizations, or a treatment facility if the notes or records are
not available to others.
(32) "Violent act" means behavior that resulted in homicide, attempted suicide, nonfatal injuries, or substantial damage to property.
Sec. 66. RCW 71.05.020 and 2011 c 148 s 1 and 2011 c 89 s 14 are each reenacted and amended to read as follows:
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Admission" or "admit" means a decision by a physician or psychiatric advanced registered nurse practitioner that a person should be examined or treated as a patient in a hospital;
(2) "Antipsychotic medications" means that class of drugs primarily used to treat serious manifestations of mental illness associated with thought disorders, which includes, but is not limited to atypical antipsychotic medications;
(3) "Attending staff" means any person on the staff of a public or private agency having responsibility for the care and treatment of a patient;
(4) "Commitment" means the determination by a court that a person should be detained for a period of either evaluation or treatment, or both, in an inpatient or a less restrictive setting;
(5) "Conditional release" means a revocable modification of a commitment, which may be revoked upon violation of any of its terms;
(6) "Crisis stabilization unit" means a short-term facility or a portion of a facility licensed by the department of health and certified by the department of social and health services under RCW 71.24.035, such as an evaluation and treatment facility or a hospital, which has been designed to assess, diagnose, and treat individuals experiencing an acute crisis without the use of long-term hospitalization;
(7) "Custody" means involuntary detention under the provisions of this chapter or chapter 10.77 RCW, uninterrupted by any period of unconditional release from commitment from a facility providing involuntary care and treatment;
(8) "Department" means the department of social and health services;
(9) "Designated chemical dependency specialist" means a person designated by the county alcoholism and other drug addiction program coordinator designated under RCW 70.96A.310 to perform the commitment duties described in chapters 70.96A and 70.96B RCW;
(10) "Designated crisis
responder" means a mental health professional appointed by the county or
the ((regional support network)) behavioral health and recovery
organization to perform the duties specified in this chapter;
(11) "Designated mental health professional" means a mental health professional designated by the county or other authority authorized in rule to perform the duties specified in this chapter;
(12) "Detention" or "detain" means the lawful confinement of a person, under the provisions of this chapter;
(13) "Developmental disabilities professional" means a person who has specialized training and three years of experience in directly treating or working with persons with developmental disabilities and is a psychiatrist, psychologist, psychiatric advanced registered nurse practitioner, or social worker, and such other developmental disabilities professionals as may be defined by rules adopted by the secretary;
(14) "Developmental
disability" means that condition defined in RCW 71A.10.020(((3)))(4);
(15) "Discharge" means the termination of hospital medical authority. The commitment may remain in place, be terminated, or be amended by court order;
(16) "Evaluation and treatment facility" means any facility which can provide directly, or by direct arrangement with other public or private agencies, emergency evaluation and treatment, outpatient care, and timely and appropriate inpatient care to persons suffering from a mental disorder, and which is certified as such by the department. A physically separate and separately operated portion of a state hospital may be designated as an evaluation and treatment facility. A facility which is part of, or operated by, the department or any federal agency will not require certification. No correctional institution or facility, or jail, shall be an evaluation and treatment facility within the meaning of this chapter;
(17) "Gravely disabled" means a condition in which a person, as a result of a mental disorder: (a) Is in danger of serious physical harm resulting from a failure to provide for his or her essential human needs of health or safety; or (b) manifests severe deterioration in routine functioning evidenced by repeated and escalating loss of cognitive or volitional control over his or her actions and is not receiving such care as is essential for his or her health or safety;
(18) "Habilitative services" means those services provided by program personnel to assist persons in acquiring and maintaining life skills and in raising their levels of physical, mental, social, and vocational functioning. Habilitative services include education, training for employment, and therapy. The habilitative process shall be undertaken with recognition of the risk to the public safety presented by the person being assisted as manifested by prior charged criminal conduct;
(19) "History of one or more violent acts" refers to the period of time ten years prior to the filing of a petition under this chapter, excluding any time spent, but not any violent acts committed, in a mental health facility or in confinement as a result of a criminal conviction;
(20) "Imminent" means the state or condition of being likely to occur at any moment or near at hand, rather than distant or remote;
(21) "Individualized service plan" means a plan prepared by a developmental disabilities professional with other professionals as a team, for a person with developmental disabilities, which shall state:
(a) The nature of the person's specific problems, prior charged criminal behavior, and habilitation needs;
(b) The conditions and strategies necessary to achieve the purposes of habilitation;
(c) The intermediate and long-range goals of the habilitation program, with a projected timetable for the attainment;
(d) The rationale for using this plan of habilitation to achieve those intermediate and long-range goals;
(e) The staff responsible for carrying out the plan;
(f) Where relevant in light of past criminal behavior and due consideration for public safety, the criteria for proposed movement to less-restrictive settings, criteria for proposed eventual discharge or release, and a projected possible date for discharge or release; and
(g) The type of residence immediately anticipated for the person and possible future types of residences;
(22) "Information related to mental health services" means all information and records compiled, obtained, or maintained in the course of providing services to either voluntary or involuntary recipients of services by a mental health service provider. This may include documents of legal proceedings under this chapter or chapter 71.34 or 10.77 RCW, or somatic health care information;
(23) "Judicial commitment" means a commitment by a court pursuant to the provisions of this chapter;
(24) "Legal counsel" means attorneys and staff employed by county prosecutor offices or the state attorney general acting in their capacity as legal representatives of public mental health service providers under RCW 71.05.130;
(25) "Likelihood of serious harm" means:
(a) A substantial risk that: (i) Physical harm will be inflicted by a person upon his or her own person, as evidenced by threats or attempts to commit suicide or inflict physical harm on oneself; (ii) physical harm will be inflicted by a person upon another, as evidenced by behavior which has caused such harm or which places another person or persons in reasonable fear of sustaining such harm; or (iii) physical harm will be inflicted by a person upon the property of others, as evidenced by behavior which has caused substantial loss or damage to the property of others; or
(b) The person has threatened the physical safety of another and has a history of one or more violent acts;
(26) "Mental disorder" means any organic, mental, or emotional impairment which has substantial adverse effects on a person's cognitive or volitional functions;
(27) "Mental health professional" means a psychiatrist, psychologist, psychiatric advanced registered nurse practitioner, psychiatric nurse, or social worker, and such other mental health professionals as may be defined by rules adopted by the secretary pursuant to the provisions of this chapter;
(28) "Mental health service provider" means a public or private agency that provides mental health services to persons with mental disorders as defined under this section and receives funding from public sources. This includes, but is not limited to, hospitals licensed under chapter 70.41 RCW, evaluation and treatment facilities as defined in this section, community mental health service delivery systems or community mental health programs as defined in RCW 71.24.025, facilities conducting competency evaluations and restoration under chapter 10.77 RCW, and correctional facilities operated by state and local governments;
(29) "Peace officer" means a law enforcement official of a public agency or governmental unit, and includes persons specifically given peace officer powers by any state law, local ordinance, or judicial order of appointment;
(30) "Private agency" means any person, partnership, corporation, or association that is not a public agency, whether or not financed in whole or in part by public funds, which constitutes an evaluation and treatment facility or private institution, or hospital, which is conducted for, or includes a department or ward conducted for, the care and treatment of persons who are mentally ill;
(31) "Professional person" means a mental health professional and shall also mean a physician, psychiatric advanced registered nurse practitioner, registered nurse, and such others as may be defined by rules adopted by the secretary pursuant to the provisions of this chapter;
(32) "Psychiatric advanced registered nurse practitioner" means a person who is licensed as an advanced registered nurse practitioner pursuant to chapter 18.79 RCW; and who is board certified in advanced practice psychiatric and mental health nursing;
(33) "Psychiatrist" means a person having a license as a physician and surgeon in this state who has in addition completed three years of graduate training in psychiatry in a program approved by the American medical association or the American osteopathic association and is certified or eligible to be certified by the American board of psychiatry and neurology;
(34) "Psychologist" means a person who has been licensed as a psychologist pursuant to chapter 18.83 RCW;
(35) "Public agency" means any evaluation and treatment facility or institution, or hospital which is conducted for, or includes a department or ward conducted for, the care and treatment of persons with mental illness, if the agency is operated directly by, federal, state, county, or municipal government, or a combination of such governments;
(36) "Registration
records" include all the records of the department, ((regional support
networks)) behavioral health and recovery organizations, treatment
facilities, and other persons providing services to the department, county
departments, or facilities which identify persons who are receiving or who at
any time have received services for mental illness;
(37) "Release" means legal termination of the commitment under the provisions of this chapter;
(38) "Resource management services" has the meaning given in chapter 71.24 RCW;
(39) "Secretary" means the secretary of the department of social and health services, or his or her designee;
(40) "Serious violent offense" has the same meaning as provided in RCW 9.94A.030;
(41) "Social worker" means a person with a master's or further advanced degree from a social work educational program accredited and approved as provided in RCW 18.320.010;
(42) "Therapeutic court personnel" means the staff of a mental health court or other therapeutic court which has jurisdiction over defendants who are dually diagnosed with mental disorders, including court personnel, probation officers, a court monitor, prosecuting attorney, or defense counsel acting within the scope of therapeutic court duties;
(43) "Triage facility" means a short-term facility or a portion of a facility licensed by the department of health and certified by the department of social and health services under RCW 71.24.035, which is designed as a facility to assess and stabilize an individual or determine the need for involuntary commitment of an individual, and must meet department of health residential treatment facility standards. A triage facility may be structured as a voluntary or involuntary placement facility;
(44) "Treatment records"
include registration and all other records concerning persons who are receiving
or who at any time have received services for mental illness, which are
maintained by the department, by ((regional support networks)) behavioral
health and recovery organizations and their staffs, and by treatment
facilities. Treatment records include mental health information contained in a
medical bill including but not limited to mental health drugs, a mental health
diagnosis, provider name, and dates of service stemming from a medical
service. Treatment records do not include notes or records maintained for
personal use by a person providing treatment services for the department, ((regional
support networks)) behavioral health and recovery organizations, or
a treatment facility if the notes or records are not available to others;
(45) "Violent act" means behavior that resulted in homicide, attempted suicide, nonfatal injuries, or substantial damage to property.
Sec. 67. RCW 71.05.025 and 2000 c 94 s 2 are each amended to read as follows:
The legislature intends that the
procedures and services authorized in this chapter be integrated with those in
chapter 71.24 RCW to the maximum extent necessary to assure a continuum of care
to persons ((who are mentally ill)) with mental illness or who
have mental disorders, as defined in either or both this chapter and chapter
71.24 RCW. To this end, ((regional support networks)) behavioral
health and recovery organizations established in accordance with chapter
71.24 RCW shall institute procedures which require timely consultation with
resource management services by ((county-))designated mental health
professionals and evaluation and treatment facilities to assure that
determinations to admit, detain, commit, treat, discharge, or release persons
with mental disorders under this chapter are made only after appropriate
information regarding such person's treatment history and current treatment
plan has been sought from resource management services.
Sec. 68. RCW 71.05.026 and 2006 c 333 s 301 are each amended to read as follows:
(1) Except for monetary damage claims which have been reduced to final judgment by a superior court, this section applies to all claims against the state, state agencies, state officials, or state employees that exist on or arise after March 29, 2006.
(2) Except as expressly provided in
contracts entered into between the department and the ((regional support
networks)) behavioral health and recovery organizations after March
29, 2006, the entities identified in subsection (3) of this section shall have
no claim for declaratory relief, injunctive relief, judicial review under
chapter 34.05 RCW, or civil liability against the state or state agencies for
actions or inactions performed pursuant to the administration of this chapter
with regard to the following: (a) The allocation or payment of federal or
state funds; (b) the use or allocation of state hospital beds; or (c) financial
responsibility for the provision of inpatient mental health care.
(3) This section applies to
counties, ((regional support networks)) behavioral health and
recovery organizations, and entities which contract to provide ((regional
support network)) behavioral health and recovery organization
services and their subcontractors, agents, or employees.
Sec. 69. RCW 71.05.027 and 2005 c 504 s 103 are each amended to read as follows:
(1) Not later than January 1, 2007, all persons providing treatment under this chapter shall also implement the integrated comprehensive screening and assessment process for chemical dependency and mental disorders adopted pursuant to RCW 70.96C.010 and shall document the numbers of clients with co-occurring mental and substance abuse disorders based on a quadrant system of low and high needs.
(2) Treatment providers and ((regional
support networks)) behavioral health and recovery organizations who
fail to implement the integrated comprehensive screening and assessment process
for chemical dependency and mental disorders by July 1, 2007, shall be subject
to contractual penalties established under RCW 70.96C.010.
Sec. 70. RCW 71.05.110 and 2011 c 343 s 5 are each amended to read as follows:
Attorneys appointed for persons
pursuant to this chapter shall be compensated for their services as follows:
(1) The person for whom an attorney is appointed shall, if he or she is
financially able pursuant to standards as to financial capability and indigency
set by the superior court of the county in which the proceeding is held, bear
the costs of such legal services; (2) if such person is indigent pursuant to
such standards, the ((regional support network)) behavioral health
and recovery organization shall reimburse the county in which the
proceeding is held for the direct costs of such legal services, as provided in
RCW 71.05.730.
Sec. 71. RCW 71.05.300 and 2009 c 293 s 5 and 2009 c 217 s 4 are each reenacted and amended to read as follows:
(1) The petition for ninety day
treatment shall be filed with the clerk of the superior court at least three
days before expiration of the fourteen-day period of intensive treatment. At
the time of filing such petition, the clerk shall set a time for the person to
come before the court on the next judicial day after the day of filing unless
such appearance is waived by the person's attorney, and the clerk shall notify
the designated mental health professional. The designated mental health
professional shall immediately notify the person detained, his or her attorney,
if any, and his or her guardian or conservator, if any, the prosecuting
attorney, and the ((regional support network)) behavioral health and
recovery organization administrator, and provide a copy of the petition to
such persons as soon as possible. The ((regional support network)) behavioral
health and recovery organization administrator or designee may review the
petition and may appear and testify at the full hearing on the petition.
(2) At the time set for appearance the detained person shall be brought before the court, unless such appearance has been waived and the court shall advise him or her of his or her right to be represented by an attorney, his or her right to a jury trial, and his or her loss of firearm rights if involuntarily committed. If the detained person is not represented by an attorney, or is indigent or is unwilling to retain an attorney, the court shall immediately appoint an attorney to represent him or her. The court shall, if requested, appoint a reasonably available licensed physician, psychiatric advanced registered nurse practitioner, psychologist, or psychiatrist, designated by the detained person to examine and testify on behalf of the detained person.
(3) The court may, if requested, also appoint a professional person as defined in RCW 71.05.020 to seek less restrictive alternative courses of treatment and to testify on behalf of the detained person. In the case of a person with a developmental disability who has been determined to be incompetent pursuant to RCW 10.77.086(4), then the appointed professional person under this section shall be a developmental disabilities professional.
(4) The court shall also set a date for a full hearing on the petition as provided in RCW 71.05.310.
Sec. 72. RCW 71.05.365 and 2013 c 338 s 4 are each amended to read as follows:
When a person has been
involuntarily committed for treatment to a hospital for a period of ninety or
one hundred eighty days, and the superintendent or professional person in
charge of the hospital determines that the person no longer requires active
psychiatric treatment at an inpatient level of care, the ((regional support
network)) behavioral health and recovery organization responsible
for resource management services for the person must work with the hospital to
develop an individualized discharge plan and arrange for a transition to the
community in accordance with the person's individualized discharge plan within
twenty-one days of the determination.
Sec. 73. RCW 71.05.445 and 2013 c 200 s 31 are each amended to read as follows:
(1)(a) When a mental health service provider conducts its initial assessment for a person receiving court-ordered treatment, the service provider shall inquire and shall be told by the offender whether he or she is subject to supervision by the department of corrections.
(b) When a person receiving court-ordered treatment or treatment ordered by the department of corrections discloses to his or her mental health service provider that he or she is subject to supervision by the department of corrections, the mental health service provider shall notify the department of corrections that he or she is treating the offender and shall notify the offender that his or her community corrections officer will be notified of the treatment, provided that if the offender has received relief from disclosure pursuant to RCW 9.94A.562, 70.96A.155, or 71.05.132 and the offender has provided the mental health service provider with a copy of the order granting relief from disclosure pursuant to RCW 9.94A.562, 70.96A.155, or 71.05.132, the mental health service provider is not required to notify the department of corrections that the mental health service provider is treating the offender. The notification may be written or oral and shall not require the consent of the offender. If an oral notification is made, it must be confirmed by a written notification. For purposes of this section, a written notification includes notification by e-mail or facsimile, so long as the notifying mental health service provider is clearly identified.
(2) The information to be released to the department of corrections shall include all relevant records and reports, as defined by rule, necessary for the department of corrections to carry out its duties.
(3) The department and the
department of corrections, in consultation with ((regional support networks))
behavioral health and recovery organizations, mental health service
providers as defined in RCW 71.05.020, mental health consumers, and advocates
for persons with mental illness, shall adopt rules to implement the provisions
of this section related to the type and scope of information to be released.
These rules shall:
(a) Enhance and facilitate the ability of the department of corrections to carry out its responsibility of planning and ensuring community protection with respect to persons subject to sentencing under chapter 9.94A or 9.95 RCW, including accessing and releasing or disclosing information of persons who received mental health services as a minor; and
(b) Establish requirements for the notification of persons under the supervision of the department of corrections regarding the provisions of this section.
(4) The information received by the department of corrections under this section shall remain confidential and subject to the limitations on disclosure outlined in chapter 71.05 RCW, except as provided in RCW 72.09.585.
(5) No mental health service provider or individual employed by a mental health service provider shall be held responsible for information released to or used by the department of corrections under the provisions of this section or rules adopted under this section.
(6) Whenever federal law or federal regulations restrict the release of information contained in the treatment records of any patient who receives treatment for alcoholism or drug dependency, the release of the information may be restricted as necessary to comply with federal law and regulations.
(7) This section does not modify the terms and conditions of disclosure of information related to sexually transmitted diseases under chapter 70.24 RCW.
(8) The department shall, subject
to available resources, electronically, or by the most cost-effective means
available, provide the department of corrections with the names, last dates of
services, and addresses of specific ((regional support networks)) behavioral
health and recovery organizations and mental health service providers that
delivered mental health services to a person subject to chapter 9.94A or 9.95
RCW pursuant to an agreement between the departments.
Sec. 74. RCW 71.05.730 and 2011 c 343 s 2 are each amended to read as follows:
(1) A county may apply to its ((regional
support network)) behavioral health and recovery organization on a
quarterly basis for reimbursement of its direct costs in providing judicial
services for civil commitment cases under this chapter and chapter 71.34 RCW.
The ((regional support network)) behavioral health and recovery
organization shall in turn be entitled to reimbursement from the ((regional
support network)) behavioral health and recovery organization that
serves the county of residence of the individual who is the subject of the
civil commitment case. Reimbursements under this section shall be paid out of
the ((regional support network's)) behavioral health and recovery
organization's nonmedicaid appropriation.
(2) Reimbursement for judicial services shall be provided per civil commitment case at a rate to be determined based on an independent assessment of the county's actual direct costs. This assessment must be based on an average of the expenditures for judicial services within the county over the past three years. In the event that a baseline cannot be established because there is no significant history of similar cases within the county, the reimbursement rate shall be equal to eighty percent of the median reimbursement rate of counties included in the independent assessment.
(3) For the purposes of this section:
(a) "Civil commitment case" includes all judicial hearings related to a single episode of hospitalization, or less restrictive alternative detention in lieu of hospitalization, except that the filing of a petition for a one hundred eighty-day commitment under this chapter or a petition for a successive one hundred eighty-day commitment under chapter 71.34 RCW shall be considered to be a new case regardless of whether there has been a break in detention. "Civil commitment case" does not include the filing of a petition for a one hundred eighty-day commitment under this chapter on behalf of a patient at a state psychiatric hospital.
(b) "Judicial services" means a county's reasonable direct costs in providing prosecutor services, assigned counsel and defense services, court services, and court clerk services for civil commitment cases under this chapter and chapter 71.34 RCW.
(4) To the extent that resources
have shared purpose, the ((regional support network)) behavioral
health and recovery organization may only reimburse counties to the extent
such resources are necessary for and devoted to judicial services as described
in this section.
(5) No filing fee may be charged or collected for any civil commitment case subject to reimbursement under this section.
Sec. 75. RCW 71.05.740 and 2013 c 216 s 2 are each amended to read as follows:
By August 1, 2013, all ((regional
support networks)) behavioral health and recovery organizations in
the state of Washington must forward historical mental health involuntary
commitment information retained by the organization including identifying
information and dates of commitment to the department. As soon as feasible,
the ((regional support networks)) behavioral health and recovery
organizations must arrange to report new commitment data to the department
within twenty-four hours. Commitment information under this section does not
need to be resent if it is already in the possession of the department. ((Regional
support networks)) Behavioral health and recovery organizations and
the department shall be immune from liability related to the sharing of
commitment information under this section.
Sec. 76. RCW 71.34.330 and 2011 c 343 s 8 are each amended to read as follows:
Attorneys appointed for minors under this chapter shall be compensated for their services as follows:
(1) Responsible others shall bear the costs of such legal services if financially able according to standards set by the court of the county in which the proceeding is held.
(2) If all responsible others are
indigent as determined by these standards, the ((regional support network))
behavioral health and recovery organization shall reimburse the county
in which the proceeding is held for the direct costs of such legal services, as
provided in RCW 71.05.730.
Sec. 77. RCW 71.34.415 and 2011 c 343 s 4 are each amended to read as follows:
A county may apply to its ((regional
support network)) behavioral health and recovery organization for
reimbursement of its direct costs in providing judicial services for civil
commitment cases under this chapter, as provided in RCW 71.05.730.
Sec. 78. RCW 71.36.010 and 2007 c 359 s 2 are each amended to read as follows:
Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
(1) "Agency" means a state, tribal, or local governmental entity or a private not-for-profit organization.
(2) "Child" means a person under eighteen years of age, except as expressly provided otherwise in state or federal law.
(3) "Consensus-based" means a program or practice that has general support among treatment providers and experts, based on experience or professional literature, and may have anecdotal or case study support, or that is agreed but not possible to perform studies with random assignment and controlled groups.
(4) "County authority" means the board of county commissioners or county executive.
(5) "Department" means the department of social and health services.
(6) "Early periodic screening, diagnosis, and treatment" means the component of the federal medicaid program established pursuant to 42 U.S.C. Sec. 1396d(r), as amended.
(7) "Evidence-based" means a program or practice that has had multiple site random controlled trials across heterogeneous populations demonstrating that the program or practice is effective for the population.
(8) "Family" means a child's biological parents, adoptive parents, foster parents, guardian, legal custodian authorized pursuant to Title 26 RCW, a relative with whom a child has been placed by the department of social and health services, or a tribe.
(9) "Promising practice" or "emerging best practice" means a practice that presents, based upon preliminary information, potential for becoming a research‑based or consensus‑based practice.
(10) "((Regional support
network)) Behavioral health and recovery organization" means a
county authority or group of county authorities or other nonprofit entity that
has entered into contracts with the secretary pursuant to chapter 71.24 RCW.
(11) "Research-based" means a program or practice that has some research demonstrating effectiveness, but that does not yet meet the standard of evidence-based practices.
(12) "Secretary" means the secretary of social and health services.
(13) "Wraparound process" means a family driven planning process designed to address the needs of children and youth by the formation of a team that empowers families to make key decisions regarding the care of the child or youth in partnership with professionals and the family's natural community supports. The team produces a community-based and culturally competent intervention plan which identifies the strengths and needs of the child or youth and family and defines goals that the team collaborates on achieving with respect for the unique cultural values of the family. The "wraparound process" shall emphasize principles of persistence and outcome-based measurements of success.
Sec. 79. RCW 71.36.025 and 2007 c 359 s 3 are each amended to read as follows:
(1) It is the goal of the legislature that, by 2012, the children's mental health system in Washington state include the following elements:
(a) A continuum of services from early identification, intervention, and prevention through crisis intervention and inpatient treatment, including peer support and parent mentoring services;
(b) Equity in access to services for similarly situated children, including children with co-occurring disorders;
(c) Developmentally appropriate, high quality, and culturally competent services available statewide;
(d) Treatment of each child in the context of his or her family and other persons that are a source of support and stability in his or her life;
(e) A sufficient supply of qualified and culturally competent children's mental health providers;
(f) Use of developmentally appropriate evidence-based and research‑based practices;
(g) Integrated and flexible services to meet the needs of children who, due to mental illness or emotional or behavioral disturbance, are at risk of out-of-home placement or involved with multiple child-serving systems.
(2) The effectiveness of the
children's mental health system shall be determined through the use of
outcome-based performance measures. The department and the evidence-based
practice institute established in RCW 71.24.061, in consultation with parents,
caregivers, youth, ((regional support networks)) behavioral health
and recovery organizations, mental health services providers, health plans,
primary care providers, tribes, and others, shall develop outcome-based
performance measures such as:
(a) Decreased emergency room utilization;
(b) Decreased psychiatric hospitalization;
(c) Lessening of symptoms, as measured by commonly used assessment tools;
(d) Decreased out-of-home placement, including residential, group, and foster care, and increased stability of such placements, when necessary;
(e) Decreased runaways from home or residential placements;
(f) Decreased rates of chemical dependency;
(g) Decreased involvement with the juvenile justice system;
(h) Improved school attendance and performance;
(i) Reductions in school or child care suspensions or expulsions;
(j) Reductions in use of prescribed medication where cognitive behavioral therapies are indicated;
(k) Improved rates of high school graduation and employment; and
(l) Decreased use of mental health services upon reaching adulthood for mental disorders other than those that require ongoing treatment to maintain stability.
Performance measure reporting for children's mental health services should be integrated into existing performance measurement and reporting systems developed and implemented under chapter 71.24 RCW.
Sec. 80. RCW 71.36.040 and 2003 c 281 s 2 are each amended to read as follows:
(1) The legislature supports recommendations made in the August 2002 study of the public mental health system for children conducted by the joint legislative audit and review committee.
(2) The department shall, within available funds:
(a) Identify internal business operation issues that limit the agency's ability to meet legislative intent to coordinate existing categorical children's mental health programs and funding;
(b) Collect reliable mental health cost, service, and outcome data specific to children. This information must be used to identify best practices and methods of improving fiscal management;
(c) Revise the early periodic screening diagnosis and treatment plan to reflect the mental health system structure in place on July 27, 2003, and thereafter revise the plan as necessary to conform to subsequent changes in the structure.
(3) The department and the office
of the superintendent of public instruction shall jointly identify school
districts where mental health and education systems coordinate services and
resources to provide public mental health care for children. The department
and the office of the superintendent of public instruction shall work together
to share information about these approaches with other school districts, ((regional
support networks)) behavioral health and recovery organizations, and
state agencies.
Sec. 81. RCW 72.09.350 and 1993 c 459 s 1 are each amended to read as follows:
(1) The department of corrections
and the University of Washington may enter into a collaborative arrangement to
provide improved services for ((mentally ill)) offenders with mental
illness with a focus on prevention, treatment, and reintegration into
society. The participants in the collaborative arrangement may develop a
strategic plan within sixty days after May 17, 1993, to address the management
of ((mentally ill)) offenders with mental illness within the
correctional system, facilitating their reentry into the community and the
mental health system, and preventing the inappropriate incarceration of ((mentally
ill)) individuals with mental illness. The collaborative
arrangement may also specify the establishment and maintenance of a corrections
mental health center located at McNeil Island corrections center. The
collaborative arrangement shall require that an advisory panel of key
stakeholders be established and consulted throughout the development and
implementation of the center. The stakeholders advisory panel shall include a
broad array of interest groups drawn from representatives of mental health,
criminal justice, and correctional systems. The stakeholders advisory panel
shall include, but is not limited to, membership from: The department of
corrections, the department of social and health services mental health
division and division of juvenile rehabilitation, ((regional support
networks)) behavioral health and recovery organizations, local and
regional law enforcement agencies, the sentencing guidelines commission, county
and city jails, mental health advocacy groups for ((the mentally ill,
developmentally disabled)) individuals with mental illness or
developmental disabilities, and the traumatically brain-injured, and
the general public. The center established by the department of corrections
and University of Washington, in consultation with the stakeholder advisory
groups, shall have the authority to:
(a) Develop new and innovative treatment approaches for corrections mental health clients;
(b) Improve the quality of mental health services within the department and throughout the corrections system;
(c) Facilitate mental health staff recruitment and training to meet departmental, county, and municipal needs;
(d) Expand research activities within the department in the area of treatment services, the design of delivery systems, the development of organizational models, and training for corrections mental health care professionals;
(e) Improve the work environment for correctional employees by developing the skills, knowledge, and understanding of how to work with offenders with special chronic mental health challenges;
(f) Establish a more positive rehabilitative environment for offenders;
(g) Strengthen multidisciplinary mental health collaboration between the University of Washington, other groups committed to the intent of this section, and the department of corrections;
(h) Strengthen department linkages between institutions of higher education, public sector mental health systems, and county and municipal corrections;
(i) Assist in the continued formulation of corrections mental health policies;
(j) Develop innovative and
effective recruitment and training programs for correctional personnel working
with ((mentally ill)) offenders with mental illness;
(k) Assist in the development of a coordinated continuum of mental health care capable of providing services from corrections entry to community return; and
(l) Evaluate all current and
innovative approaches developed within this center in terms of their effective
and efficient achievement of improved mental health of inmates, development and
utilization of personnel, the impact of these approaches on the functioning of
correctional institutions, and the relationship of the corrections system to
mental health and criminal justice systems. Specific attention should be paid
to evaluating the effects of programs on the reintegration of ((mentally ill))
offenders with mental illness into the community and the prevention of
inappropriate incarceration of ((mentally ill)) persons with mental
illness.
(2) The corrections mental health
center may conduct research, training, and treatment activities for the ((mentally
ill)) offender with mental illness within selected sites operated by
the department. The department shall provide support services for the center
such as food services, maintenance, perimeter security, classification,
offender supervision, and living unit functions. The University of Washington
may develop, implement, and evaluate the clinical, treatment, research, and
evaluation components of the mentally ill offender center. The institute of (([for]))
for public policy and management may be consulted regarding the
development of the center and in the recommendations regarding public policy.
As resources permit, training within the center shall be available to state,
county, and municipal agencies requiring the services. Other state colleges,
state universities, and mental health providers may be involved in activities
as required on a subcontract basis. Community mental health organizations,
research groups, and community advocacy groups may be critical components of
the center's operations and involved as appropriate to annual objectives. ((Mentally
ill)) Clients with mental illness may be drawn from
throughout the department's population and transferred to the center as
clinical need, available services, and department jurisdiction permits.
(3) The department shall prepare a report of the center's progress toward the attainment of stated goals and provide the report to the legislature annually.
Sec. 82. RCW 72.09.370 and 2009 c 319 s 3 and 2009 c 28 s 36 are each reenacted and amended to read as follows:
(1) The offender reentry community safety program is established to provide intensive services to offenders identified under this subsection and to thereby promote public safety. The secretary shall identify offenders in confinement or partial confinement who: (a) Are reasonably believed to be dangerous to themselves or others; and (b) have a mental disorder. In determining an offender's dangerousness, the secretary shall consider behavior known to the department and factors, based on research, that are linked to an increased risk for dangerousness of offenders with mental illnesses and shall include consideration of an offender's chemical dependency or abuse.
(2) Prior to release of an offender
identified under this section, a team consisting of representatives of the
department of corrections, the division of mental health, and, as necessary,
the indeterminate sentence review board, other divisions or administrations
within the department of social and health services, specifically including the
division of alcohol and substance abuse and the division of developmental
disabilities, the appropriate ((regional support network)) behavioral
health and recovery organization, and the providers, as appropriate, shall
develop a plan, as determined necessary by the team, for delivery of treatment
and support services to the offender upon release. In developing the plan, the
offender shall be offered assistance in executing a mental health directive
under chapter 71.32 RCW, after being fully informed of the benefits, scope, and
purposes of such directive. The team may include a school district
representative for offenders under the age of twenty-one. The team shall
consult with the offender's counsel, if any, and, as appropriate, the
offender's family and community. The team shall notify the crime
victim/witness program, which shall provide notice to all people registered to
receive notice under RCW 72.09.712 of the proposed release plan developed by
the team. Victims, witnesses, and other interested people notified by the
department may provide information and comments to the department on potential
safety risk to specific individuals or classes of individuals posed by the
specific offender. The team may recommend: (a) That the offender be evaluated
by the designated mental health professional, as defined in chapter 71.05 RCW;
(b) department-supervised community treatment; or (c) voluntary community
mental health or chemical dependency or abuse treatment.
(3) Prior to release of an offender identified under this section, the team shall determine whether or not an evaluation by a designated mental health professional is needed. If an evaluation is recommended, the supporting documentation shall be immediately forwarded to the appropriate designated mental health professional. The supporting documentation shall include the offender's criminal history, history of judicially required or administratively ordered involuntary antipsychotic medication while in confinement, and any known history of involuntary civil commitment.
(4) If an evaluation by a designated mental health professional is recommended by the team, such evaluation shall occur not more than ten days, nor less than five days, prior to release.
(5) A second evaluation by a designated mental health professional shall occur on the day of release if requested by the team, based upon new information or a change in the offender's mental condition, and the initial evaluation did not result in an emergency detention or a summons under chapter 71.05 RCW.
(6) If the designated mental health professional determines an emergency detention under chapter 71.05 RCW is necessary, the department shall release the offender only to a state hospital or to a consenting evaluation and treatment facility. The department shall arrange transportation of the offender to the hospital or facility.
(7) If the designated mental health professional believes that a less restrictive alternative treatment is appropriate, he or she shall seek a summons, pursuant to the provisions of chapter 71.05 RCW, to require the offender to appear at an evaluation and treatment facility. If a summons is issued, the offender shall remain within the corrections facility until completion of his or her term of confinement and be transported, by corrections personnel on the day of completion, directly to the identified evaluation and treatment facility.
(8) The secretary shall adopt rules to implement this section.
Sec. 83. RCW 72.09.381 and 1999 c 214 s 11 are each amended to read as follows:
The secretary of the department of
corrections and the secretary of the department of social and health services
shall, in consultation with the ((regional support networks)) behavioral
health and recovery organizations and provider representatives, each adopt
rules as necessary to implement chapter 214, Laws of 1999.
Sec. 84. RCW 72.10.060 and 1998 c 297 s 48 are each amended to read as follows:
The secretary shall, for any person committed to a state correctional facility after July 1, 1998, inquire at the time of commitment whether the person had received outpatient mental health treatment within the two years preceding confinement and the name of the person providing the treatment.
The secretary shall inquire of the treatment provider if he or she wishes to be notified of the release of the person from confinement, for purposes of offering treatment upon the inmate's release. If the treatment provider wishes to be notified of the inmate's release, the secretary shall attempt to provide such notice at least seven days prior to release.
At the time of an inmate's release
if the secretary is unable to locate the treatment provider, the secretary
shall notify the ((regional support network)) behavioral health and
recovery organization in the county the inmate will most likely reside
following release.
If the secretary has, prior to the release from the facility, evaluated the inmate and determined he or she requires postrelease mental health treatment, a copy of relevant records and reports relating to the inmate's mental health treatment or status shall be promptly made available to the offender's present or future treatment provider. The secretary shall determine which records and reports are relevant and may provide a summary in lieu of copies of the records.
Sec. 85. RCW 72.23.025 and 2011 1st sp.s. c 21 s 1 are each amended to read as follows:
(1) It is the intent of the
legislature to improve the quality of service at state hospitals, eliminate
overcrowding, and more specifically define the role of the state hospitals.
The legislature intends that eastern and western state hospitals shall become
clinical centers for handling the most complicated long-term care needs of
patients with a primary diagnosis of mental disorder. To this end, the
legislature intends that funds appropriated for mental health programs,
including funds for ((regional support networks)) behavioral health
and recovery organizations and the state hospitals be used for persons with
primary diagnosis of mental disorder. The legislature finds that establishment
of institutes for the study and treatment of mental disorders at both eastern
state hospital and western state hospital will be instrumental in implementing
the legislative intent.
(2)(a) There is established at eastern state hospital and western state hospital, institutes for the study and treatment of mental disorders. The institutes shall be operated by joint operating agreements between state colleges and universities and the department of social and health services. The institutes are intended to conduct training, research, and clinical program development activities that will directly benefit persons with mental illness who are receiving treatment in Washington state by performing the following activities:
(i) Promote recruitment and retention of highly qualified professionals at the state hospitals and community mental health programs;
(ii) Improve clinical care by exploring new, innovative, and scientifically based treatment models for persons presenting particularly difficult and complicated clinical syndromes;
(iii) Provide expanded training opportunities for existing staff at the state hospitals and community mental health programs;
(iv) Promote bilateral understanding of treatment orientation, possibilities, and challenges between state hospital professionals and community mental health professionals.
(b) To accomplish these purposes the institutes may, within funds appropriated for this purpose:
(i) Enter joint operating agreements with state universities or other institutions of higher education to accomplish the placement and training of students and faculty in psychiatry, psychology, social work, occupational therapy, nursing, and other relevant professions at the state hospitals and community mental health programs;
(ii) Design and implement clinical research projects to improve the quality and effectiveness of state hospital services and operations;
(iii) Enter into agreements with community mental health service providers to accomplish the exchange of professional staff between the state hospitals and community mental health service providers;
(iv) Establish a student loan forgiveness and conditional scholarship program to retain qualified professionals at the state hospitals and community mental health providers when the secretary has determined a shortage of such professionals exists.
(c) Notwithstanding any other provisions of law to the contrary, the institutes may enter into agreements with the department or the state hospitals which may involve changes in staffing necessary to implement improved patient care programs contemplated by this section.
(d) The institutes are authorized to seek and accept public or private gifts, grants, contracts, or donations to accomplish their purposes under this section.
Sec. 86. RCW 74.09.515 and 2011 1st sp.s. c 15 s 26 are each amended to read as follows:
(1) The authority shall adopt rules and policies providing that when youth who were enrolled in a medical assistance program immediately prior to confinement are released from confinement, their medical assistance coverage will be fully reinstated on the day of their release, subject to any expedited review of their continued eligibility for medical assistance coverage that is required under federal or state law.
(2) The authority, in collaboration
with the department, county juvenile court administrators, and ((regional
support networks)) behavioral health and recovery organizations,
shall establish procedures for coordination between department field offices,
juvenile rehabilitation administration institutions, and county juvenile courts
that result in prompt reinstatement of eligibility and speedy eligibility
determinations for youth who are likely to be eligible for medical assistance
services upon release from confinement. Procedures developed under this
subsection must address:
(a) Mechanisms for receiving medical assistance services' applications on behalf of confined youth in anticipation of their release from confinement;
(b) Expeditious review of applications filed by or on behalf of confined youth and, to the extent practicable, completion of the review before the youth is released; and
(c) Mechanisms for providing medical assistance services' identity cards to youth eligible for medical assistance services immediately upon their release from confinement.
(3) For purposes of this section, "confined" or "confinement" means detained in a facility operated by or under contract with the department of social and health services, juvenile rehabilitation administration, or detained in a juvenile detention facility operated under chapter 13.04 RCW.
(4) The authority shall adopt standardized statewide screening and application practices and forms designed to facilitate the application of a confined youth who is likely to be eligible for a medical assistance program.
Sec. 87. RCW 74.09.521 and 2011 1st sp.s. c 15 s 28 are each amended to read as follows:
(1) To the extent that funds are
specifically appropriated for this purpose the authority shall revise its
medicaid healthy options managed care and fee-for-service program standards
under medicaid, Title XIX of the federal social security act to improve access
to mental health services for children who do not meet the ((regional
support network)) behavioral health and recovery organization access
to care standards. The program standards shall be revised to allow outpatient
therapy services to be provided by licensed mental health professionals, as
defined in RCW 71.34.020, or by a mental health professional regulated under
Title 18 RCW who is under the direct supervision of a licensed mental health
professional, and up to twenty outpatient therapy hours per calendar year,
including family therapy visits integral to a child's treatment. This section
shall be administered in a manner consistent with federal early and periodic
screening, diagnosis, and treatment requirements related to the receipt of
medically necessary services when a child's need for such services is
identified through developmental screening.
(2) The authority and the children's mental health evidence-based practice institute established in RCW 71.24.061 shall collaborate to encourage and develop incentives for the use of prescribing practices and evidence-based and research-based treatment practices developed under RCW 74.09.490 by mental health professionals serving children under this section.
Sec. 88. RCW 74.09.555 and 2011 1st sp.s. c 36 s 32 and 2011 1st sp.s c 15 s 34 are each reenacted and amended to read as follows:
(1) The authority shall adopt rules and policies providing that when persons with a mental disorder, who were enrolled in medical assistance immediately prior to confinement, are released from confinement, their medical assistance coverage will be fully reinstated on the day of their release, subject to any expedited review of their continued eligibility for medical assistance coverage that is required under federal or state law.
(2) The authority, in collaboration
with the Washington association of sheriffs and police chiefs, the department
of corrections, and the ((regional support networks)) behavioral
health and recovery organizations, shall establish procedures for
coordination between the authority and department field offices, institutions
for mental disease, and correctional institutions, as defined in RCW 9.94.049,
that result in prompt reinstatement of eligibility and speedy eligibility
determinations for persons who are likely to be eligible for medical assistance
services upon release from confinement. Procedures developed under this
subsection must address:
(a) Mechanisms for receiving medical assistance services applications on behalf of confined persons in anticipation of their release from confinement;
(b) Expeditious review of applications filed by or on behalf of confined persons and, to the extent practicable, completion of the review before the person is released;
(c) Mechanisms for providing medical assistance services identity cards to persons eligible for medical assistance services immediately upon their release from confinement; and
(d) Coordination with the federal social security administration, through interagency agreements or otherwise, to expedite processing of applications for federal supplemental security income or social security disability benefits, including federal acceptance of applications on behalf of confined persons.
(3) Where medical or psychiatric examinations during a person's confinement indicate that the person is disabled, the correctional institution or institution for mental diseases shall provide the authority with that information for purposes of making medical assistance eligibility and enrollment determinations prior to the person's release from confinement. The authority shall, to the maximum extent permitted by federal law, use the examination in making its determination whether the person is disabled and eligible for medical assistance.
(4) For purposes of this section, "confined" or "confinement" means incarcerated in a correctional institution, as defined in RCW 9.94.049, or admitted to an institute for mental disease, as defined in 42 C.F.R. part 435, Sec. 1009 on July 24, 2005.
(5) For purposes of this section, "likely to be eligible" means that a person:
(a) Was enrolled in medicaid or supplemental security income or the medical care services program immediately before he or she was confined and his or her enrollment was terminated during his or her confinement; or
(b) Was enrolled in medicaid or supplemental security income or the medical care services program at any time during the five years before his or her confinement, and medical or psychiatric examinations during the person's confinement indicate that the person continues to be disabled and the disability is likely to last at least twelve months following release.
(6) The economic services administration within the department shall adopt standardized statewide screening and application practices and forms designed to facilitate the application of a confined person who is likely to be eligible for medicaid.
Sec. 89. RCW 74.34.068 and 2001 c 233 s 2 are each amended to read as follows:
(1) After the investigation is
complete, the department may provide a written report of the outcome of the
investigation to an agency or program described in this subsection when the
department determines from its investigation that an incident of abuse,
abandonment, financial exploitation, or neglect occurred. Agencies or programs
that may be provided this report are home health, hospice, or home care
agencies, or after January 1, 2002, any in-home services agency licensed under
chapter 70.127 RCW, a program authorized under chapter 71A.12 RCW, an adult day
care or day health program, ((regional support networks)) behavioral
health and recovery organizations authorized under chapter 71.24 RCW, or
other agencies. The report may contain the name of the vulnerable adult and
the alleged perpetrator. The report shall not disclose the identity of the
person who made the report or any witness without the written permission of the
reporter or witness. The department shall notify the alleged perpetrator
regarding the outcome of the investigation. The name of the vulnerable adult
must not be disclosed during this notification.
(2) The department may also refer a report or outcome of an investigation to appropriate state or local governmental authorities responsible for licensing or certification of the agencies or programs listed in subsection (1) of this section.
(3) The department shall adopt rules necessary to implement this section.
Sec. 90. RCW 82.04.4277 and 2011 1st sp.s. c 19 s 1 are each amended to read as follows:
(1) A health or social welfare organization may deduct from the measure of tax amounts received as compensation for providing mental health services under a government-funded program.
(2) A ((regional support network))
behavioral health and recovery organization may deduct from the measure
of tax amounts received from the state of Washington for distribution to a
health or social welfare organization that is eligible to deduct the
distribution under subsection (1) of this section.
(3) A person claiming a deduction under this section must file a complete annual report with the department under RCW 82.32.534.
(4) The definitions in this subsection apply to this section.
(a) "Health or social welfare organization" has the meaning provided in RCW 82.04.431.
(b) "Mental health
services" and "((regional support network)) behavioral
health and recovery organization" have the meanings provided in RCW
71.24.025.
(5) This section expires August 1, 2016.
Sec. 91. RCW 70.38.111 and 2012 c 10 s 48 are each amended to read as follows:
(1) The department shall not require a certificate of need for the offering of an inpatient tertiary health service by:
(a) A health maintenance organization or a combination of health maintenance organizations if (i) the organization or combination of organizations has, in the service area of the organization or the service areas of the organizations in the combination, an enrollment of at least fifty thousand individuals, (ii) the facility in which the service will be provided is or will be geographically located so that the service will be reasonably accessible to such enrolled individuals, and (iii) at least seventy-five percent of the patients who can reasonably be expected to receive the tertiary health service will be individuals enrolled with such organization or organizations in the combination;
(b) A health care facility if (i) the facility primarily provides or will provide inpatient health services, (ii) the facility is or will be controlled, directly or indirectly, by a health maintenance organization or a combination of health maintenance organizations which has, in the service area of the organization or service areas of the organizations in the combination, an enrollment of at least fifty thousand individuals, (iii) the facility is or will be geographically located so that the service will be reasonably accessible to such enrolled individuals, and (iv) at least seventy-five percent of the patients who can reasonably be expected to receive the tertiary health service will be individuals enrolled with such organization or organizations in the combination; or
(c) A health care facility (or portion thereof) if (i) the facility is or will be leased by a health maintenance organization or combination of health maintenance organizations which has, in the service area of the organization or the service areas of the organizations in the combination, an enrollment of at least fifty thousand individuals and, on the date the application is submitted under subsection (2) of this section, at least fifteen years remain in the term of the lease, (ii) the facility is or will be geographically located so that the service will be reasonably accessible to such enrolled individuals, and (iii) at least seventy-five percent of the patients who can reasonably be expected to receive the tertiary health service will be individuals enrolled with such organization;
if, with respect to such offering or obligation by a nursing home, the department has, upon application under subsection (2) of this section, granted an exemption from such requirement to the organization, combination of organizations, or facility.
(2) A health maintenance organization, combination of health maintenance organizations, or health care facility shall not be exempt under subsection (1) of this section from obtaining a certificate of need before offering a tertiary health service unless:
(a) It has submitted at least thirty days prior to the offering of services reviewable under RCW 70.38.105(4)(d) an application for such exemption; and
(b) The application contains such information respecting the organization, combination, or facility and the proposed offering or obligation by a nursing home as the department may require to determine if the organization or combination meets the requirements of subsection (1) of this section or the facility meets or will meet such requirements; and
(c) The department approves such application. The department shall approve or disapprove an application for exemption within thirty days of receipt of a completed application. In the case of a proposed health care facility (or portion thereof) which has not begun to provide tertiary health services on the date an application is submitted under this subsection with respect to such facility (or portion), the facility (or portion) shall meet the applicable requirements of subsection (1) of this section when the facility first provides such services. The department shall approve an application submitted under this subsection if it determines that the applicable requirements of subsection (1) of this section are met.
(3) A health care facility (or any part thereof) with respect to which an exemption was granted under subsection (1) of this section may not be sold or leased and a controlling interest in such facility or in a lease of such facility may not be acquired and a health care facility described in (1)(c) which was granted an exemption under subsection (1) of this section may not be used by any person other than the lessee described in (1)(c) unless:
(a) The department issues a certificate of need approving the sale, lease, acquisition, or use; or
(b) The department determines, upon application, that (i) the entity to which the facility is proposed to be sold or leased, which intends to acquire the controlling interest, or which intends to use the facility is a health maintenance organization or a combination of health maintenance organizations which meets the requirements of (1)(a)(i), and (ii) with respect to such facility, meets the requirements of (1)(a)(ii) or (iii) or the requirements of (1)(b)(i) and (ii).
(4) In the case of a health maintenance organization, an ambulatory care facility, or a health care facility, which ambulatory or health care facility is controlled, directly or indirectly, by a health maintenance organization or a combination of health maintenance organizations, the department may under the program apply its certificate of need requirements to the offering of inpatient tertiary health services to the extent that such offering is not exempt under the provisions of this section or RCW 70.38.105(7).
(5)(a) The department shall not require a certificate of need for the construction, development, or other establishment of a nursing home, or the addition of beds to an existing nursing home, that is owned and operated by a continuing care retirement community that:
(i) Offers services only to contractual members;
(ii) Provides its members a contractually guaranteed range of services from independent living through skilled nursing, including some assistance with daily living activities;
(iii) Contractually assumes responsibility for the cost of services exceeding the member's financial responsibility under the contract, so that no third party, with the exception of insurance purchased by the retirement community or its members, but including the medicaid program, is liable for costs of care even if the member depletes his or her personal resources;
(iv) Has offered continuing care contracts and operated a nursing home continuously since January 1, 1988, or has obtained a certificate of need to establish a nursing home;
(v) Maintains a binding agreement with the state assuring that financial liability for services to members, including nursing home services, will not fall upon the state;
(vi) Does not operate, and has not undertaken a project that would result in a number of nursing home beds in excess of one for every four living units operated by the continuing care retirement community, exclusive of nursing home beds; and
(vii) Has obtained a professional review of pricing and long-term solvency within the prior five years which was fully disclosed to members.
(b) A continuing care retirement community shall not be exempt under this subsection from obtaining a certificate of need unless:
(i) It has submitted an application for exemption at least thirty days prior to commencing construction of, is submitting an application for the licensure of, or is commencing operation of a nursing home, whichever comes first; and
(ii) The application documents to the department that the continuing care retirement community qualifies for exemption.
(c) The sale, lease, acquisition, or use of part or all of a continuing care retirement community nursing home that qualifies for exemption under this subsection shall require prior certificate of need approval to qualify for licensure as a nursing home unless the department determines such sale, lease, acquisition, or use is by a continuing care retirement community that meets the conditions of (a) of this subsection.
(6) A rural hospital, as defined by the department, reducing the number of licensed beds to become a rural primary care hospital under the provisions of Part A Title XVIII of the Social Security Act Section 1820, 42 U.S.C., 1395c et seq. may, within three years of the reduction of beds licensed under chapter 70.41 RCW, increase the number of licensed beds to no more than the previously licensed number without being subject to the provisions of this chapter.
(7) A rural health care facility licensed under RCW 70.175.100 formerly licensed as a hospital under chapter 70.41 RCW may, within three years of the effective date of the rural health care facility license, apply to the department for a hospital license and not be subject to the requirements of RCW 70.38.105(4)(a) as the construction, development, or other establishment of a new hospital, provided there is no increase in the number of beds previously licensed under chapter 70.41 RCW and there is no redistribution in the number of beds used for acute care or long-term care, the rural health care facility has been in continuous operation, and the rural health care facility has not been purchased or leased.
(8)(a) A nursing home that voluntarily reduces the number of its licensed beds to provide assisted living, licensed assisted living facility care, adult day care, adult day health, respite care, hospice, outpatient therapy services, congregate meals, home health, or senior wellness clinic, or to reduce to one or two the number of beds per room or to otherwise enhance the quality of life for residents in the nursing home, may convert the original facility or portion of the facility back, and thereby increase the number of nursing home beds to no more than the previously licensed number of nursing home beds without obtaining a certificate of need under this chapter, provided the facility has been in continuous operation and has not been purchased or leased. Any conversion to the original licensed bed capacity, or to any portion thereof, shall comply with the same life and safety code requirements as existed at the time the nursing home voluntarily reduced its licensed beds; unless waivers from such requirements were issued, in which case the converted beds shall reflect the conditions or standards that then existed pursuant to the approved waivers.
(b) To convert beds back to nursing home beds under this subsection, the nursing home must:
(i) Give notice of its intent to preserve conversion options to the department of health no later than thirty days after the effective date of the license reduction; and
(ii) Give notice to the department of health and to the department of social and health services of the intent to convert beds back. If construction is required for the conversion of beds back, the notice of intent to convert beds back must be given, at a minimum, one year prior to the effective date of license modification reflecting the restored beds; otherwise, the notice must be given a minimum of ninety days prior to the effective date of license modification reflecting the restored beds. Prior to any license modification to convert beds back to nursing home beds under this section, the licensee must demonstrate that the nursing home meets the certificate of need exemption requirements of this section.
The term "construction," as used in (b)(ii) of this subsection, is limited to those projects that are expected to equal or exceed the expenditure minimum amount, as determined under this chapter.
(c) Conversion of beds back under this subsection must be completed no later than four years after the effective date of the license reduction. However, for good cause shown, the four-year period for conversion may be extended by the department of health for one additional four-year period.
(d) Nursing home beds that have been voluntarily reduced under this section shall be counted as available nursing home beds for the purpose of evaluating need under RCW 70.38.115(2) (a) and (k) so long as the facility retains the ability to convert them back to nursing home use under the terms of this section.
(e) When a building owner has secured an interest in the nursing home beds, which are intended to be voluntarily reduced by the licensee under (a) of this subsection, the applicant shall provide the department with a written statement indicating the building owner's approval of the bed reduction.
(9)(a) The department shall not require a certificate of need for a hospice agency if:
(i) The hospice agency is designed to serve the unique religious or cultural needs of a religious group or an ethnic minority and commits to furnishing hospice services in a manner specifically aimed at meeting the unique religious or cultural needs of the religious group or ethnic minority;
(ii) The hospice agency is operated by an organization that:
(A) Operates a facility, or group of facilities, that offers a comprehensive continuum of long-term care services, including, at a minimum, a licensed, medicare-certified nursing home, assisted living, independent living, day health, and various community-based support services, designed to meet the unique social, cultural, and religious needs of a specific cultural and ethnic minority group;
(B) Has operated the facility or group of facilities for at least ten continuous years prior to the establishment of the hospice agency;
(iii) The hospice agency commits to coordinating with existing hospice programs in its community when appropriate;
(iv) The hospice agency has a census of no more than forty patients;
(v) The hospice agency commits to obtaining and maintaining medicare certification;
(vi) The hospice agency only serves patients located in the same county as the majority of the long-term care services offered by the organization that operates the agency; and
(vii) The hospice agency is not sold or transferred to another agency.
(b) The department shall include the patient census for an agency exempted under this subsection (9) in its calculations for future certificate of need applications.
(10) To alleviate the need to board psychiatric patients in emergency departments, for fiscal year 2015 the department shall suspend the certificate of need requirement for a hospital licensed under chapter 70.41 RCW that changes the use of licensed beds to increase the number of beds to provide psychiatric services, including involuntary treatment services. A certificate of need exemption under this section shall be valid for two years.
Sec. 92. RCW 18.205.040 and 2008 c 135 s 17 are each amended to read as follows:
(1) Except as provided in subsection (2) of this section, nothing in this chapter shall be construed to authorize the use of the title "certified chemical dependency professional" or "certified chemical dependency professional trainee" when treating patients in settings other than programs approved under chapter 70.96A RCW.
(2) A person who holds a credential as a "certified chemical dependency professional" or a "certified chemical dependency professional trainee" may use such title when treating patients in settings other than programs approved under chapter 70.96A RCW if the person also holds a license as: An advanced registered nurse practitioner under chapter 18.79 RCW; a marriage and family therapist, mental health counselor, advanced social worker, or independent clinical social health worker under chapter 18.225 RCW; a psychologist under chapter 18.83 RCW; an osteopathic physician under chapter 18.57 RCW; an osteopathic physician assistant under chapter 18.57A RCW; a physician under chapter 18.71 RCW; or a physician assistant under chapter 18.71A RCW.
Sec. 93. RCW 70.96A.350 and 2013 2nd sp.s. c 4 s 990 are each amended to read as follows:
(1) The criminal justice treatment account is created in the state treasury. Moneys in the account may be expended solely for: (a) Substance abuse treatment and treatment support services for offenders with an addiction or a substance abuse problem that, if not treated, would result in addiction, against whom charges are filed by a prosecuting attorney in Washington state; (b) the provision of drug and alcohol treatment services and treatment support services for nonviolent offenders within a drug court program; (c) the administrative and overhead costs associated with the operation of a drug court; and (d) during the 2011-2013 biennium, the legislature may appropriate up to three million dollars from the account in order to offset reductions in the state general fund for treatment services provided by counties. This amount is not subject to the requirements of subsections (5) through (9) of this section. During the 2013-2015 fiscal biennium, the legislature may transfer from the criminal justice treatment account to the state general fund amounts as reflect the state savings associated with the implementation of the medicaid expansion of the federal affordable care act. Moneys in the account may be spent only after appropriation.
(2) For purposes of this section:
(a) "Treatment" means services that are critical to a participant's successful completion of his or her substance abuse treatment program, but does not include the following services: Housing other than that provided as part of an inpatient substance abuse treatment program, vocational training, and mental health counseling; and
(b) "Treatment support" means transportation to or from inpatient or outpatient treatment services when no viable alternative exists, and child care services that are necessary to ensure a participant's ability to attend outpatient treatment sessions.
(3) Revenues to the criminal justice treatment account consist of: (a) Funds transferred to the account pursuant to this section; and (b) any other revenues appropriated to or deposited in the account.
(4)(a) For the fiscal biennium beginning July 1, 2003, the state treasurer shall transfer eight million nine hundred fifty thousand dollars from the general fund into the criminal justice treatment account, divided into eight equal quarterly payments. For the fiscal year beginning July 1, 2005, and each subsequent fiscal year, the state treasurer shall transfer eight million two hundred fifty thousand dollars from the general fund to the criminal justice treatment account, divided into four equal quarterly payments. For the fiscal year beginning July 1, 2006, and each subsequent fiscal year, the amount transferred shall be increased on an annual basis by the implicit price deflator as published by the federal bureau of labor statistics.
(b) In each odd-numbered year, the legislature shall appropriate the amount transferred to the criminal justice treatment account in (a) of this subsection to the division of alcohol and substance abuse for the purposes of subsection (5) of this section.
(5) Moneys appropriated to the division of alcohol and substance abuse from the criminal justice treatment account shall be distributed as specified in this subsection. The department shall serve as the fiscal agent for purposes of distribution. Until July 1, 2004, the department may not use moneys appropriated from the criminal justice treatment account for administrative expenses and shall distribute all amounts appropriated under subsection (4)(b) of this section in accordance with this subsection. Beginning in July 1, 2004, the department may retain up to three percent of the amount appropriated under subsection (4)(b) of this section for its administrative costs.
(a) Seventy percent of amounts appropriated to the division from the account shall be distributed to counties pursuant to the distribution formula adopted under this section. The division of alcohol and substance abuse, in consultation with the department of corrections, the Washington state association of counties, the Washington state association of drug court professionals, the superior court judges' association, the Washington association of prosecuting attorneys, representatives of the criminal defense bar, representatives of substance abuse treatment providers, and any other person deemed by the division to be necessary, shall establish a fair and reasonable methodology for distribution to counties of moneys in the criminal justice treatment account. County or regional plans submitted for the expenditure of formula funds must be approved by the panel established in (b) of this subsection.
(b) Thirty percent of the amounts appropriated to the division from the account shall be distributed as grants for purposes of treating offenders against whom charges are filed by a county prosecuting attorney. The division shall appoint a panel of representatives from the Washington association of prosecuting attorneys, the Washington association of sheriffs and police chiefs, the superior court judges' association, the Washington state association of counties, the Washington defender's association or the Washington association of criminal defense lawyers, the department of corrections, the Washington state association of drug court professionals, substance abuse treatment providers, and the division. The panel shall review county or regional plans for funding under (a) of this subsection and grants approved under this subsection. The panel shall attempt to ensure that treatment as funded by the grants is available to offenders statewide.
(6) The county alcohol and drug coordinator, county prosecutor, county sheriff, county superior court, a substance abuse treatment provider appointed by the county legislative authority, a member of the criminal defense bar appointed by the county legislative authority, and, in counties with a drug court, a representative of the drug court shall jointly submit a plan, approved by the county legislative authority or authorities, to the panel established in subsection (5)(b) of this section, for disposition of all the funds provided from the criminal justice treatment account within that county. The funds shall be used solely to provide approved alcohol and substance abuse treatment pursuant to RCW 70.96A.090, treatment support services, and for the administrative and overhead costs associated with the operation of a drug court.
(a) No more than ten percent of the total moneys received under subsections (4) and (5) of this section by a county or group of counties participating in a regional agreement shall be spent on the administrative and overhead costs associated with the operation of a drug court.
(b) No more than ten percent of the total moneys received under subsections (4) and (5) of this section by a county or group of counties participating in a regional agreement shall be spent for treatment support services.
(7) Counties are encouraged to consider regional agreements and submit regional plans for the efficient delivery of treatment under this section.
(8) Moneys allocated under this section shall be used to supplement, not supplant, other federal, state, and local funds used for substance abuse treatment.
(9) Counties must meet the criteria established in RCW 2.28.170(3)(b).
(10) The authority under this section to use funds from the criminal justice treatment account for the administrative and overhead costs associated with the operation of a drug court expires June 30, 2015.
(11) Expenditures from the criminal justice treatment account may only be used for the purposes set out in this section and does not include managed care purchasing for medicaid enrollees.
Sec. 94. RCW 70.320.020 and 2013 c 320 s 2 are each amended to read as follows:
(1) The authority and the department shall base contract performance measures developed under RCW 70.320.030 on the following outcomes when contracting with service contracting entities: Improvements in client health status and wellness; increases in client participation in meaningful activities; reductions in client involvement with criminal justice systems; reductions in avoidable costs in hospitals, emergency rooms, crisis services, and jails and prisons; increases in stable housing in the community; improvements in client satisfaction with quality of life; and reductions in population-level health disparities.
(2) The performance measures must demonstrate the manner in which the following principles are achieved within each of the outcomes under subsection (1) of this section:
(a) Maximization of the use of evidence-based practices will be given priority over the use of research-based and promising practices, and research-based practices will be given priority over the use of promising practices. The agencies will develop strategies to identify programs that are effective with ethnically diverse clients and to consult with tribal governments, experts within ethnically diverse communities and community organizations that serve diverse communities;
(b) The maximization of the client's independence, recovery, and employment;
(c) The maximization of the client's participation in treatment decisions; and
(d) The collaboration between consumer-based support programs in providing services to the client.
(3) In developing performance measures under RCW 70.320.030, the authority and the department shall consider expected outcomes relevant to the general populations that each agency serves. The authority and the department may adapt the outcomes to account for the unique needs and characteristics of discrete subcategories of populations receiving services, including ethnically diverse communities.
(4) The authority and the department shall coordinate the establishment of the expected outcomes and the performance measures between each agency as well as each program to identify expected outcomes and performance measures that are common to the clients enrolled in multiple programs and to eliminate conflicting standards among the agencies and programs.
(5)(a) The authority and the department shall establish timelines and mechanisms for service contracting entities to report data related to performance measures and outcomes, including phased implementation of public reporting of outcome and performance measures in a form that allows for comparison of performance measures and levels of improvement between geographic regions of Washington.
(b) The authority and the department may not release any public reports of client outcomes unless the data have been deidentified and aggregated in such a way that the identity of individual clients cannot be determined through directly identifiable data or the combination of multiple data elements.
NEW SECTION. Sec. 95. A new section is added to chapter 70.24 RCW to read as follows:
(1) The department and the health care authority shall develop a plan to provide integrated managed health and mental health care for foster children receiving care through the medical assistance program. The plan shall detail the steps necessary to implement and operate a fully integrated program for foster children, including development of a service delivery system, benefit design, reimbursement mechanisms, and standards for contracting with health plans. The plan must be designed so that all of the requirements for providing mental health services to children under the T.R. v. Dreyfus and Porter settlement are met. The plan shall include an implementation timeline and funding estimate. The department and the health care authority shall submit the plan to the legislature by December 1, 2014.
(2) This section expires July 1, 2015.
NEW SECTION. Sec. 96. Section 1 of this act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately.
NEW SECTION. Sec. 97. Sections 6, 7, 9 through 71, and 73 through 93 of this act take effect April 1, 2016.
NEW SECTION. Sec. 98. Section 72 of this act takes effect July 1, 2018."
Correct the title.
On page 151, after line 27, insert the following:
"Sec. 94. RCW 70.320.020 and 2013 c 320 s 2 are each amended to read as follows:
(1) The authority and the department shall base contract performance measures developed under RCW 70.320.030 on the following outcomes when contracting with service contracting entities: Improvements in client health status and wellness; increases in client participation in meaningful activities; reductions in client involvement with criminal justice systems; reductions in avoidable costs in hospitals, emergency rooms, crisis services, and jails and prisons; increases in stable housing in the community; improvements in client satisfaction with quality of life; and reductions in population- level health disparities.
(2) The performance measures must demonstrate the manner in which the following principles are achieved within each of the outcomes under subsection (1) of this section:
(a) Maximization of the use of evidence-based practices will be given priority over the use of research-based and promising practices, and research-based practices will be given priority over the use of promising practices. The agencies will develop strategies to identify programs that are effective with ethnically diverse clients and to consult with tribal governments, experts within ethnically diverse communities and community organizations that serve diverse communities;
(b) The maximization of the client's independence, recovery, and employment;
(c) The maximization of the client's participation in treatment decisions; and
(d) The collaboration between consumer-based support programs in providing services to the client.
(3) In developing performance measures under RCW 70.320.030, the authority and the department shall consider expected outcomes relevant to the general populations that each agency serves. The authority and the department may adapt the outcomes to account for the unique needs and characteristics of discrete subcategories of populations receiving services, including ethnically diverse communities.
(4) The authority and the department shall coordinate the establishment of the expected outcomes and the performance measures between each agency as well as each program to identify expected outcomes and performance measures that are common to the clients enrolled in multiple programs and to eliminate conflicting standards among the agencies and programs.
(5)(a) The authority and the department shall establish timelines and mechanisms for service contracting entities to report data related to performance measures and outcomes, including phased implementation of public reporting of outcome and performance measures in a form that allows for comparison of performance measures and levels of improvement between geographic regions of Washington.
(b) The authority and the department may not release any public reports of client outcomes unless the data have been deidentified and aggregated in such a way that the identity of individual clients cannot be determined through directly identifiable data or the combination of multiple data elements."
Renumber the remaining sections consecutively, correct any internal references accordingly, and correct the title.
Strike everything after the enacting clause and insert the following:
"Sec. 95. 2013 c 338 s 1 (uncodified) is amended to read as follows:
(1)(a) Beginning ((May)) April
1, 2014, the legislature shall convene a task force to examine reform of the
adult behavioral health system, with voting members as provided in this
subsection.
(i) The president of the senate
shall appoint ((one)) two members from each of the two
largest caucuses of the senate.
(ii) The speaker of the house of
representatives shall appoint ((one)) two members from
each of the two largest caucuses in the house of representatives.
(iii) The governor shall appoint five members consisting of the secretary of the department of social and health services or the secretary's designee, the director of the health care authority or the director's designee, the director of the office of financial management or the director's designee, the secretary of the department of corrections or the secretary's designee, and a representative of the governor.
(iv) The Washington state
association of counties shall appoint three members.
(v) The governor shall request participation by a
representative of tribal governments.
(b) The task force shall choose two cochairs from among its legislative members.
(c) The task force shall adopt a bottom-up approach and welcome input and participation from all stakeholders interested in the improvement of the adult behavioral health system. To that end, the task force must invite participation from, at a minimum, the following: The department of commerce, behavioral health service recipients and their families; local government; representatives of regional support networks; representatives of county coordinators; law enforcement; city and county jails; tribal representatives; behavioral health service providers; housing providers; labor representatives; counties with state hospitals; mental health advocates; chemical dependency advocates; public defenders with involuntary mental health commitment or mental health court experience; chemical dependency experts working with drug courts; medicaid managed care plan and associated delivery system representatives; long-term care service providers; the Washington state hospital association; and individuals with expertise in evidence-based and research-based behavioral health service practices. Leadership of subcommittees formed by the task force may be drawn from this body of invited participants.
(2) The task force shall undertake
a systemwide review of the adult behavioral health system and make
recommendations ((for reform concerning, but not limited to, the following))
to facilitate the full integration of mental health, chemical dependency, and
physical health services by January 1, 2020, including:
(a) The means by which mental
health, chemical dependency, and physical health services ((are)) will
be purchased and delivered for adults ((with mental illness and chemical
dependency disorders)) by the department of social and health services
and the health care authority, with attention to:
(i) Adequacy of the supply, type, and quality of the
behavioral health and recovery workforce, services, providers, and facilities,
including detoxification services that are available twenty-four hours a day,
medication-assisted treatment, inpatient psychiatric involuntary treatment
services, and options to reduce barriers to increasing the necessary supply,
including options related to certificate of need and health professions
licensing standards;
(ii) By August 1, 2014, a review of performance measures and
outcomes developed pursuant to RCW 43.20A.895 and chapter 70.320 RCW;
(iii) Incentives for physical care providers to use
community resources that will reduce utilization of the criminal justice system
and promote recovery through community supports, such as supportive housing or
supportive employment;
(iv) Legal, clinical, and technological obstacles to sharing
relevant health care information related to mental health, chemical dependency,
and physical health across practice settings; and
(v) Identification of other key issues that must be
addressed by the health care authority and the department of social and health
services to achieve the full integration of medical and behavioral health
services by January 1, 2020;
(b) Guidance for the creation of common regional service
areas for purchasing behavioral health services and medical care services by
the department of social and health services and the health care authority,
taking into consideration any proposal submitted by the Washington state
association of counties under section 2 of this act;
(((b) Availability of effective
means to promote recovery and prevent harm associated with mental illness;))
(c) Availability of crisis services, including boarding of mental health patients outside of regularly certified treatment beds;
(d) Best practices for cross-system
collaboration between behavioral health treatment providers, medical care
providers, long- term care service providers, entities providing health home
services to high-risk medicaid clients, law enforcement, and criminal justice
agencies; ((and))
(e) ((Public safety practices
involving persons with mental illness with forensic involvement)) A
review of the detailed plan criteria to be used by the department of social and
health services under section 4 of this act, prior to its adoption by the
department of social and health services for use in awarding contracts to serve
as a behavioral health and recovery organization;
(f) The appropriate use of the criminal justice treatment
account in a fully integrated behavioral and physical health system; and
(g) Whether a statewide behavioral health ombuds office
should be created.
(3) The task force shall review
the extent and causes of variations in commitment rates in different
jurisdictions across the state.
(4) Staff support for the task force must be provided by
the senate committee services and the house of representatives office of
program research.
(((4))) (5)
Legislative members of the task force must be reimbursed for travel expenses in
accordance with RCW 44.04.120. Nonlegislative members, except those
representing an employer or organization, are entitled to be reimbursed for
travel expenses in accordance with RCW 43.03.050 and 43.03.060.
(((5))) (6) The
expenses of the task force must be paid jointly by the senate and house of
representatives. Task force expenditures are subject to approval by the senate
facilities and operations committee and the house of representatives executive
rules committee, or their successor committees.
(((6))) (7) The task
force shall report its findings and recommendations to the governor and the
appropriate committees of the legislature by January 1, 2015, except that
recommendations under subsection (2)(b) of this section must be submitted to
the governor by September 1, 2014.
(((7))) (8) This
section expires June 1, 2015.
NEW SECTION. Sec. 96. A new section is added to chapter 43.20A RCW to read as follows:
(1) The department and the health care authority shall jointly establish regional service areas by October 1, 2014, as provided in this section.
(2) Counties, through the Washington state association of counties, must be given the opportunity to propose the composition of no more than nine regional service areas. Each service area must:
(a) Include a sufficient number of medicaid lives to support full financial risk managed care contracting for services included in contracts with the department or the health care authority;
(b) Include full counties that are contiguous with one another; and
(c) Reflect natural medical and behavioral health service referral patterns and shared clinical, health care service, behavioral health service, and behavioral health crisis response resources.
(3) The Washington state association of counties must submit their recommendations to the department, the health care authority, and the task force described in section 1 of this act on or before August 1, 2014.
NEW SECTION. Sec. 97. A new section is added to chapter 43.20A RCW to read as follows:
(1) Any agreement or contract by the department or the health care authority to provide behavioral health services as defined under RCW 71.24.025 to persons eligible for benefits under medicaid, Title XIX of the social security act, and to persons not eligible for medicaid must include the following:
(a) Contractual provisions consistent with the intent expressed in RCW 71.24.015, 71.36.005, 70.96A.010, and 70.96A.011;
(b) Standards regarding the quality of services to be provided, including increased use of evidence-based, research-based, and promising practices, as defined in RCW 71.24.025;
(c) Accountability for the client outcomes established in RCW 43.20A.895, 70.320.020, and 71.36.025 and performance measures linked to those outcomes;
(d) Standards requiring behavioral health and recovery organizations to maintain a network of appropriate providers that is supported by written agreements sufficient to provide adequate access to all services covered under the contract with the department or the health care authority and to protect essential existing behavioral health system infrastructure and capacity, including a continuum of chemical dependency services;
(e) Provisions to require that behavioral health and recovery organizations offer contracts to managed health care systems under chapter 74.09 RCW or primary care practice settings to provide access to chemical dependency professional services and mental health services integrated in primary care settings for individuals with behavioral health and medical comorbidities;
(f) Provisions to require that medically necessary chemical dependency and mental health treatment services be available to clients;
(g) Standards requiring the use of behavioral health service provider reimbursement methods that incentivize improved performance with respect to the client outcomes established in RCW 43.20A.895 and 71.36.025, integration of behavioral health and primary care services at the clinical level, and improved care coordination for individuals with complex care needs;
(h) Standards related to the financial integrity of the responding organization. The department shall adopt rules establishing the solvency requirements and other financial integrity standards for behavioral health and recovery organizations. This subsection does not limit the authority of the department to take action under a contract upon finding that a behavioral health and recovery organization's financial status jeopardizes the organization's ability to meet its contractual obligations;
(i) Mechanisms for monitoring performance under the contract and remedies for failure to substantially comply with the requirements of the contract including, but not limited to, financial deductions, termination of the contract, receivership, reprocurement of the contract, and injunctive remedies;
(j) Provisions to maintain the decision-making independence of designated mental health professionals or designated chemical dependency specialists; and
(k) Provisions stating that public funds appropriated by the legislature may not be used to promote or deter, encourage, or discourage employees from exercising their rights under Title 29, chapter 7, subchapter II, United States Code or chapter 41.56 RCW.
(2) The following factors must be given significant weight in any purchasing process:
(a) Demonstrated commitment and experience in serving low-income populations;
(b) Demonstrated commitment and experience serving persons who have mental illness, chemical dependency, or co-occurring disorders;
(c) Demonstrated commitment to and experience with partnerships with county and municipal criminal justice systems, housing services, and other critical support services necessary to achieve the outcomes established in RCW 43.20A.895, 70.320.020, and 71.36.025;
(d) Recognition that meeting enrollees' physical and behavioral health care needs is a shared responsibility of contracted behavioral health and recovery organizations, managed health care systems, service providers, the state, and communities;
(e) Consideration of past and current performance and participation in other state or federal behavioral health programs as a contractor; and
(f) The ability to meet requirements established by the department.
(3) For purposes of purchasing behavioral health services and medical care services for persons eligible for benefits under medicaid, Title XIX of the social security act and for persons not eligible for medicaid, the department and the health care authority must use common regional service areas. The regional service areas must be established by the department and the health care authority as provided in section 2 of this act.
(4) Consideration must be given to using multiple-biennia contracting periods.
(5) Each behavioral health and recovery organization operating pursuant to a contract issued under this section shall enroll clients within its regional service area who meet the department's eligibility criteria for mental health and chemical dependency services.
NEW SECTION. Sec. 98. A new section is added to chapter 71.24 RCW to read as follows:
(1) The secretary shall purchase mental health and chemical dependency treatment services primarily through managed care contracting, but may continue to purchase behavioral health services from tribal clinics and other tribal providers.
(2)(a) The secretary shall request a detailed plan from the entities identified in (b) of this subsection that demonstrates compliance with the contractual elements of section 3 of this act and federal regulations related to medicaid managed care contracting, including, but not limited to: Having a sufficient network of providers to provide adequate access to mental health and chemical dependency services for residents of the regional service area that meet eligibility criteria for services, ability to maintain and manage adequate reserves, and maintenance of quality assurance processes. Any responding entity that submits a detailed plan that demonstrates that it can meet the requirements of this section must be awarded the contract to serve as the behavioral health and recovery organization.
(b)(i) For purposes of responding to the request for a detailed plan under (a) of this subsection, the entities from which a plan will be requested are:
(A) A county in a single county regional service area that currently serves as the regional support network for that area;
(B) In the event that a county has made a decision prior to January 1, 2014, not to contract as a regional support network, any private entity that serves as the regional support network for that area;
(C) All counties within a regional service area that includes more than one county, which shall form a responding entity through the adoption of an interlocal agreement. The interlocal agreement must specify the terms by which the responding entity shall serve as the behavioral health and recovery organization within the regional service area.
(ii) In the event that a regional service area is comprised of multiple counties including one that has made a decision prior to January 1, 2014, not to contract as a regional support network, the counties shall adopt an interlocal agreement and may respond to the request for a detailed plan under (a) of this subsection and the private entity may also respond to the request for a detailed plan.
(3) Contracts for behavioral health and recovery organizations must begin on April 1, 2016.
(4) Upon request of one or more county authorities, the department and the health care authority may jointly purchase behavioral health services through an integrated medical and behavioral health services contract with a behavioral health and recovery organization or a managed health care system as defined in RCW 74.09.522. Any contract for such a purchase must comply with all federal medicaid and state law requirements related to managed health care contracting.
Sec. 99. RCW 71.24.015 and 2005 c 503 s 1 are each amended to read as follows:
It is the intent of the legislature to establish a community mental health program which shall help people experiencing mental illness to retain a respected and productive position in the community. This will be accomplished through programs that focus on resilience and recovery, and practices that are evidence-based, research-based, consensus-based, or, where these do not exist, promising or emerging best practices, which provide for:
(1) Access to mental health
services for adults ((of the state who are acutely mentally ill, chronically
mentally ill,)) with acute mental illness, chronic mental illness,
or who are seriously disturbed and children ((of the state who are
acutely mentally ill)) with acute mental illness, or who are
severely emotionally disturbed, or seriously disturbed, which services
recognize the special needs of underserved populations, including minorities,
children, the elderly, ((disabled)) individuals with disabilities,
and low-income persons. Access to mental health services shall not be limited
by a person's history of confinement in a state, federal, or local correctional
facility. It is also the purpose of this chapter to promote the early
identification of ((mentally ill)) children with mental illness
and to ensure that they receive the mental health care and treatment which is
appropriate to their developmental level. This care should improve home,
school, and community functioning, maintain children in a safe and nurturing
home environment, and should enable treatment decisions to be made in response
to clinical needs in accordance with sound professional judgment while also
recognizing parents' rights to participate in treatment decisions for their
children;
(2) The involvement of persons with mental illness, their family members, and advocates in designing and implementing mental health services that reduce unnecessary hospitalization and incarceration and promote the recovery and employment of persons with mental illness. To improve the quality of services available and promote the rehabilitation, recovery, and reintegration of persons with mental illness, consumer and advocate participation in mental health services is an integral part of the community mental health system and shall be supported;
(3) Accountability of efficient and effective services through state-of-the-art outcome and performance measures and statewide standards for monitoring client and system outcomes, performance, and reporting of client and system outcome information. These processes shall be designed so as to maximize the use of available resources for direct care of people with a mental illness and to assure uniform data collection across the state;
(4) Minimum service delivery standards;
(5) Priorities for the use of
available resources for the care of ((the mentally ill)) individuals
with mental illness consistent with the priorities defined in the statute;
(6) Coordination of services within
the department, including those divisions within the department that provide
services to children, between the department and the office of the
superintendent of public instruction, and among state mental hospitals, county
authorities, ((regional support networks)) behavioral health and
recovery organizations, community mental health services, and other support
services, which shall to the maximum extent feasible also include the families
of ((the mentally ill)) individuals with mental illness, and
other service providers; and
(7) Coordination of services aimed at reducing duplication in service delivery and promoting complementary services among all entities that provide mental health services to adults and children.
It is the policy of the state to encourage
the provision of a full range of treatment and rehabilitation services in the
state for mental disorders including services operated by consumers and
advocates. The legislature intends to encourage the development of regional
mental health services with adequate local flexibility to assure eligible
people in need of care access to the least-restrictive treatment alternative
appropriate to their needs, and the availability of treatment components to
assure continuity of care. To this end, counties ((are encouraged to)) must
enter into joint operating agreements with other counties to form regional
systems of care that are consistent with the regional service areas
established under section 2 of this act. Regional systems of care, whether
operated by a county, group of counties, or another entity shall integrate
planning, administration, and service delivery duties under chapters 71.05 and
71.24 RCW to consolidate administration, reduce administrative layering, and
reduce administrative costs. The legislature hereby finds and declares that
sound fiscal management requires vigilance to ensure that funds appropriated by
the legislature for the provision of needed community mental health programs
and services are ultimately expended solely for the purpose for which they were
appropriated, and not for any other purpose.
It is further the intent of the
legislature to integrate the provision of services to provide continuity of
care through all phases of treatment. To this end, the legislature
intends to promote active engagement with ((mentally ill)) persons with
mental illness and collaboration between families and service providers.
Sec. 100. RCW 71.24.016 and 2006 c 333 s 102 are each amended to read as follows:
(1) The legislature intends that
eastern and western state hospitals shall operate as clinical centers for
handling the most complicated long-term care needs of patients with a primary
diagnosis of mental disorder. It is further the intent of the legislature that
the community mental health service delivery system focus on maintaining ((mentally
ill)) individuals with mental illness in the community. The program
shall be evaluated and managed through a limited number of outcome and
performance measures ((designed to hold each regional support network
accountable for program success)), as provided in RCW 43.20A.895,
70.320.020, and 71.36.025.
(2) The legislature intends to
address the needs of people with mental disorders with a targeted, coordinated,
and comprehensive set of evidence-based practices that are effective in serving
individuals in their community and will reduce the need for placements in state
mental hospitals. The legislature further intends to explicitly hold ((regional
support networks)) behavioral health and recovery organizations
accountable for serving people with mental disorders within the boundaries
of their ((geographic boundaries)) regional service area and
for not exceeding their allocation of state hospital beds. ((Within funds
appropriated by the legislature for this purpose, regional support networks
shall develop the means to serve the needs of people with mental disorders
within their geographic boundaries. Elements of the program may
include:
(a) Crisis triage;
(b) Evaluation and treatment and community hospital beds;
(c) Residential beds;
(d) Programs for community treatment teams; and
(e) Outpatient services.
(3) The regional support network shall have the flexibility,
within the funds appropriated by the legislature for this purpose, to design
the mix of services that will be most effective within their service area of
meeting the needs of people with mental disorders and avoiding placement of
such individuals at the state mental hospital. Regional support networks are
encouraged to maximize the use of evidence-based practices and alternative
resources with the goal of substantially reducing and potentially eliminating
the use of institutions for mental diseases.))
NEW SECTION. Sec. 101. A new section is added to chapter 71.24 RCW to read as follows:
(1) By December 1, 2018, the department and the health care authority shall report to the governor and the legislature regarding the preparedness of each regional service area to provide mental health services, chemical dependency services, and medical care services to medicaid clients under a fully integrated managed health care purchasing system.
(2) By January 1, 2020, the department and the health care authority must transition community behavioral health services to a system of fully integrated managed health care purchasing that provides mental health services, chemical dependency services, and medical care services to medicaid clients.
NEW SECTION. Sec. 102. A new section is added to chapter 71.24 RCW to read as follows:
(1) Within funds appropriated by the legislature for this purpose, behavioral health and recovery organizations shall develop the means to serve the needs of people with mental disorders residing within the boundaries of their regional service area. Elements of the program may include:
(a) Crisis diversion services;
(b) Evaluation and treatment and community hospital beds;
(c) Residential treatment;
(d) Programs for intensive community treatment;
(e) Outpatient services;
(f) Peer support services;
(g) Community support services;
(h) Resource management services; and
(i) Supported housing and supported employment services.
(2) The behavioral health and recovery organization shall have the flexibility, within the funds appropriated by the legislature for this purpose and the terms of their contract, to design the mix of services that will be most effective within their service area of meeting the needs of people with mental disorders and avoiding placement of such individuals at the state mental hospital. Behavioral health and recovery organizations are encouraged to maximize the use of evidence- based practices and alternative resources with the goal of substantially reducing and potentially eliminating the use of institutions for mental diseases.
Sec. 103. RCW 71.24.025 and 2013 c 338 s 5 are each amended to read as follows:
Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
(1) "Acutely mentally ill" means a condition which is limited to a short-term severe crisis episode of:
(a) A mental disorder as defined in RCW 71.05.020 or, in the case of a child, as defined in RCW 71.34.020;
(b) Being gravely disabled as defined in RCW 71.05.020 or, in the case of a child, a gravely disabled minor as defined in RCW 71.34.020; or
(c) Presenting a likelihood of serious harm as defined in RCW 71.05.020 or, in the case of a child, as defined in RCW 71.34.020.
(2) "Available resources" means funds appropriated for the purpose of providing community mental health programs, federal funds, except those provided according to Title XIX of the Social Security Act, and state funds appropriated under this chapter or chapter 71.05 RCW by the legislature during any biennium for the purpose of providing residential services, resource management services, community support services, and other mental health services. This does not include funds appropriated for the purpose of operating and administering the state psychiatric hospitals.
(3) "Child" means a person under the age of eighteen years.
(4) "Chronically mentally ill adult" or "adult who is chronically mentally ill" means an adult who has a mental disorder and meets at least one of the following criteria:
(a) Has undergone two or more episodes of hospital care for a mental disorder within the preceding two years; or
(b) Has experienced a continuous psychiatric hospitalization or residential treatment exceeding six months' duration within the preceding year; or
(c) Has been unable to engage in any substantial gainful activity by reason of any mental disorder which has lasted for a continuous period of not less than twelve months. "Substantial gainful activity" shall be defined by the department by rule consistent with Public Law 92-603, as amended.
(5) "Clubhouse" means a community-based program that provides rehabilitation services and is certified by the department of social and health services.
(6) "Community mental health program" means all mental health services, activities, or programs using available resources.
(7) "Community mental health
service delivery system" means public ((or)), private, or
tribal agencies that provide services specifically to persons with mental
disorders as defined under RCW 71.05.020 and receive funding from public
sources.
(8) "Community support
services" means services authorized, planned, and coordinated through
resource management services including, at a minimum, assessment, diagnosis,
emergency crisis intervention available twenty-four hours, seven days a week,
prescreening determinations for persons who are mentally ill being considered
for placement in nursing homes as required by federal law, screening for
patients being considered for admission to residential services, diagnosis and
treatment for children who are acutely mentally ill or severely emotionally
disturbed discovered under screening through the federal Title XIX early and
periodic screening, diagnosis, and treatment program, investigation, legal, and
other nonresidential services under chapter 71.05 RCW, case management
services, psychiatric treatment including medication supervision, counseling,
psychotherapy, assuring transfer of relevant patient information between
service providers, recovery services, and other services determined by ((regional
support networks)) behavioral health and recovery organizations.
(9) "Consensus-based" means a program or practice that has general support among treatment providers and experts, based on experience or professional literature, and may have anecdotal or case study support, or that is agreed but not possible to perform studies with random assignment and controlled groups.
(10) "County authority" means the board of county commissioners, county council, or county executive having authority to establish a community mental health program, or two or more of the county authorities specified in this subsection which have entered into an agreement to provide a community mental health program.
(11) "Department" means the department of social and health services.
(12) "Designated mental health professional" means a mental health professional designated by the county or other authority authorized in rule to perform the duties specified in this chapter.
(13) "Emerging best practice" or "promising practice" means a program or practice that, based on statistical analyses or a well established theory of change, shows potential for meeting the evidence- based or research-based criteria, which may include the use of a program that is evidence-based for outcomes other than those listed in subsection (14) of this section.
(14) "Evidence-based" means a program or practice that has been tested in heterogeneous or intended populations with multiple randomized, or statistically controlled evaluations, or both; or one large multiple site randomized, or statistically controlled evaluation, or both, where the weight of the evidence from a systemic review demonstrates sustained improvements in at least one outcome. "Evidence-based" also means a program or practice that can be implemented with a set of procedures to allow successful replication in Washington and, when possible, is determined to be cost-beneficial.
(15) "Licensed service
provider" means an entity licensed according to this chapter or chapter
71.05 or 70.96A RCW ((or)), an entity deemed to meet state
minimum standards as a result of accreditation by a recognized behavioral
health accrediting body recognized and having a current agreement with the
department, or tribal attestations that meet((s)) state minimum
standards or persons licensed under chapter 18.57, 18.71, 18.83, or 18.79 RCW,
as it applies to registered nurses and advanced registered nurse practitioners.
(16) "Long-term inpatient care" means inpatient services for persons committed for, or voluntarily receiving intensive treatment for, periods of ninety days or greater under chapter 71.05 RCW. "Long- term inpatient care" as used in this chapter does not include: (a) Services for individuals committed under chapter 71.05 RCW who are receiving services pursuant to a conditional release or a court-ordered less restrictive alternative to detention; or (b) services for individuals voluntarily receiving less restrictive alternative treatment on the grounds of the state hospital.
(17) "Mental health
services" means all services provided by ((regional support networks))
behavioral health and recovery organizations and other services provided
by the state for persons who are mentally ill.
(18) "Mentally ill persons," "persons who are mentally ill," and "the mentally ill" mean persons and conditions defined in subsections (1), (4), (27), and (28) of this section.
(19) "Recovery" means the process in which people are able to live, work, learn, and participate fully in their communities.
(20) "((Regional support
network)) Behavioral health and recovery organization" means ((a))
any county authority or group of county authorities or other entity
recognized by the secretary in contract in a defined region.
(21) "Registration
records" include all the records of the department, ((regional support
networks)) behavioral health and recovery organizations, treatment
facilities, and other persons providing services to the department, county
departments, or facilities which identify persons who are receiving or who at
any time have received services for mental illness.
(22) "Research-based" means a program or practice that has been tested with a single randomized, or statistically controlled evaluation, or both, demonstrating sustained desirable outcomes; or where the weight of the evidence from a systemic review supports sustained outcomes as described in subsection (14) of this section but does not meet the full criteria for evidence-based.
(23) "Residential
services" means a complete range of residences and supports authorized by
resource management services and which may involve a facility, a distinct part
thereof, or services which support community living, for persons who are
acutely mentally ill, adults who are chronically mentally ill, children who are
severely emotionally disturbed, or adults who are seriously disturbed and
determined by the ((regional support network)) behavioral health and
recovery organization to be at risk of becoming acutely or chronically
mentally ill. The services shall include at least evaluation and treatment
services as defined in chapter 71.05 RCW, acute crisis respite care, long-term
adaptive and rehabilitative care, and supervised and supported living services,
and shall also include any residential services developed to service persons
who are mentally ill in nursing homes, assisted living facilities, and adult
family homes, and may include outpatient services provided as an element in a
package of services in a supported housing model. Residential services for
children in out-of-home placements related to their mental disorder shall not
include the costs of food and shelter, except for children's long-term
residential facilities existing prior to January 1, 1991.
(24) "Resilience" means the personal and community qualities that enable individuals to rebound from adversity, trauma, tragedy, threats, or other stresses, and to live productive lives.
(25) "Resource management
services" mean the planning, coordination, and authorization of
residential services and community support services administered pursuant to an
individual service plan for: (a) Adults and children who are acutely mentally
ill; (b) adults who are chronically mentally ill; (c) children who are severely
emotionally disturbed; or (d) adults who are seriously disturbed and determined
solely by a ((regional support network)) behavioral health and
recovery organization to be at risk of becoming acutely or chronically
mentally ill. Such planning, coordination, and authorization shall include
mental health screening for children eligible under the federal Title XIX early
and periodic screening, diagnosis, and treatment program. Resource management
services include seven day a week, twenty-four hour a day availability of
information regarding enrollment of adults and children who are mentally ill in
services and their individual service plan to designated mental health
professionals, evaluation and treatment facilities, and others as determined by
the ((regional support network)) behavioral health and recovery
organization.
(26) "Secretary" means the secretary of social and health services.
(27) "Seriously disturbed person" means a person who:
(a) Is gravely disabled or presents a likelihood of serious harm to himself or herself or others, or to the property of others, as a result of a mental disorder as defined in chapter 71.05 RCW;
(b) Has been on conditional release status, or under a less restrictive alternative order, at some time during the preceding two years from an evaluation and treatment facility or a state mental health hospital;
(c) Has a mental disorder which causes major impairment in several areas of daily living;
(d) Exhibits suicidal preoccupation or attempts; or
(e) Is a child diagnosed by a mental health professional, as defined in chapter 71.34 RCW, as experiencing a mental disorder which is clearly interfering with the child's functioning in family or school or with peers or is clearly interfering with the child's personality development and learning.
(28) "Severely emotionally
disturbed child" or "child who is severely emotionally
disturbed" means a child who has been determined by the ((regional
support network)) behavioral health and recovery organization to be
experiencing a mental disorder as defined in chapter 71.34 RCW, including those
mental disorders that result in a behavioral or conduct disorder, that is
clearly interfering with the child's functioning in family or school or with
peers and who meets at least one of the following criteria:
(a) Has undergone inpatient treatment or placement outside of the home related to a mental disorder within the last two years;
(b) Has undergone involuntary treatment under chapter 71.34 RCW within the last two years;
(c) Is currently served by at least one of the following child- serving systems: Juvenile justice, child-protection/welfare, special education, or developmental disabilities;
(d) Is at risk of escalating maladjustment due to:
(i) Chronic family dysfunction involving a caretaker who is mentally ill or inadequate;
(ii) Changes in custodial adult;
(iii) Going to, residing in, or returning from any placement outside of the home, for example, psychiatric hospital, short-term inpatient, residential treatment, group or foster home, or a correctional facility;
(iv) Subject to repeated physical abuse or neglect;
(v) Drug or alcohol abuse; or
(vi) Homelessness.
(29) "State minimum standards" means minimum requirements established by rules adopted by the secretary and necessary to implement this chapter for: (a) Delivery of mental health services; (b) licensed service providers for the provision of mental health services; (c) residential services; and (d) community support services and resource management services.
(30) "Treatment records"
include registration and all other records concerning persons who are receiving
or who at any time have received services for mental illness, which are
maintained by the department, by ((regional support networks)) behavioral
health and recovery organizations and their staffs, and by treatment
facilities. Treatment records do not include notes or records maintained for
personal use by a person providing treatment services for the department, ((regional
support networks)) behavioral health and recovery organizations, or
a treatment facility if the notes or records are not available to others.
(31) "Tribal authority,"
for the purposes of this section and RCW 71.24.300 only, means: The federally
recognized Indian tribes and the major Indian organizations recognized by the
secretary insofar as these organizations do not have a financial relationship
with any ((regional support network)) behavioral health and recovery
organization that would present a conflict of interest.
(32) "Behavioral health services" means mental health services as described in this chapter and chapter 71.36 RCW and chemical dependency treatment services as described in chapter 70.96A RCW.
Sec. 104. RCW 71.24.035 and 2013 c 200 s 24 are each amended to read as follows:
(1) The department is designated as the state mental health authority.
(2) The secretary shall provide for
public, client, tribal, and licensed service provider participation in
developing the state mental health program, developing contracts with ((regional
support networks)) behavioral health and recovery organizations, and
any waiver request to the federal government under medicaid.
(3) The secretary shall provide for participation in developing the state mental health program for children and other underserved populations, by including representatives on any committee established to provide oversight to the state mental health program.
(4) The secretary shall be
designated as the ((regional support network)) behavioral health and
recovery organization if the ((regional support network)) behavioral
health and recovery organization fails to meet state minimum standards or
refuses to exercise responsibilities under its contract or RCW
71.24.045, until such time as a new ((regional support network)) behavioral
health and recovery organization is designated ((under RCW 71.24.320)).
(5) The secretary shall:
(a) Develop a biennial state mental
health program that incorporates regional biennial needs assessments and
regional mental health service plans and state services for adults and children
with mental illness((. The secretary shall also develop a six-year state
mental health plan));
(b) Assure that any ((regional))
behavioral health and recovery organization or county community mental
health program provides ((access to treatment for the region's residents,
including parents who are respondents independency cases, in the following
order of priority: (i) Persons with acute mental illness; (ii) adults with
chronic mental illness and children who are severely emotionally disturbed; and
(iii) persons who are seriously disturbed. Such programs shall provide:
(A) Outpatient services;
(B) Emergency care services for twenty-four hours per day;
(C) Day treatment for persons with mental illness which includes
training in basic living and social skills, supported work, vocational
rehabilitation, and day activities. Such services may include therapeutic
treatment. In the case of a child, day treatment includes age-appropriate
basic living and social skills, educational and prevocational services, day
activities, and therapeutic treatment;
(D) Screening for patients being considered for admission to
state mental health facilities to determine the appropriateness of admission;
(E) Employment services, which may include supported
employment, transitional work, placement in competitive employment, and other
work- related services, that result in persons with mental illness becoming
engaged in meaningful and gainful full or part-time work. Other sources of funding
such as the division of vocational rehabilitation may be utilized by the
secretary to maximize federal funding and provide for integration of services;
(F) Consultation and education services; and
(G) Community support services)) medically necessary
services to medicaid recipients consistent with the state's medicaid state plan
or federal waiver authorities, and nonmedicaid services consistent with
priorities established by the department;
(c) Develop and adopt rules establishing state minimum standards for the delivery of mental health services pursuant to RCW 71.24.037 including, but not limited to:
(i) Licensed service providers. These rules shall permit a county- operated mental health program to be licensed as a service provider subject to compliance with applicable statutes and rules. The secretary shall provide for deeming of compliance with state minimum standards for those entities accredited by recognized behavioral health accrediting bodies recognized and having a current agreement with the department; and
(ii) ((Regional support
networks; and
(iii))) Inpatient services, evaluation and treatment
services and facilities under chapter 71.05 RCW, resource management services,
and community support services;
(d) Assure that the special needs of persons who are minorities, elderly, disabled, children, low-income, and parents who are respondents in dependency cases are met within the priorities established in this section;
(e) Establish a standard contract
or contracts, consistent with state minimum standards((, RCW 71.24.320 and
71.24.330,)) which shall be used in contracting with ((regional support
networks)) behavioral health and recovery organizations. The
standard contract shall include a maximum fund balance, which shall be
consistent with that required by federal regulations or waiver stipulations;
(f) Establish, to the extent
possible, a standardized auditing procedure which is designed to assure
compliance with contractual agreements authorized by this chapter and
minimizes paperwork requirements of ((regional support networks)) behavioral
health and recovery organizations and licensed service providers. The
audit procedure shall focus on the outcomes of service ((and not the
processes for accomplishing them)) as provided in RCW 43.20A.895,
70.320.020, and 71.36.025;
(g) Develop and maintain an
information system to be used by the state and ((regional support networks))
behavioral health and recovery organizations that includes a tracking
method which allows the department and ((regional support networks)) behavioral
health and recovery organizations to identify mental health clients'
participation in any mental health service or public program on an immediate
basis. The information system shall not include individual patient's case
history files. Confidentiality of client information and records shall be
maintained as provided in this chapter and chapter 70.02 RCW;
(h) License service providers who meet state minimum standards;
(i) ((Certify regional support
networks that meet state minimum standards;
(j))) Periodically monitor the compliance of ((certified
regional support networks)) behavioral health and recovery organizations
and their network of licensed service providers for compliance with the
contract between the department, the ((regional support network)) behavioral
health and recovery organization, and federal and state rules at reasonable
times and in a reasonable manner;
(((k))) (j) Fix fees
to be paid by evaluation and treatment centers to the secretary for the required
inspections;
(((l))) (k) Monitor
and audit ((regional support networks)) behavioral health and
recovery organizations and licensed service providers as needed to assure
compliance with contractual agreements authorized by this chapter;
(((m))) (l) Adopt
such rules as are necessary to implement the department's responsibilities
under this chapter;
(((n) Assure the availability of
an appropriate amount, as determined by the legislature in the operating budget
by amounts appropriated for this specific purpose, of community-based,
geographically distributed residential services;
(o))) (m) License or certify crisis stabilization
units that meet state minimum standards;
(((p))) (n) License or certify
clubhouses that meet state minimum standards; and
(((q))) (o) License or certify
triage facilities that meet state minimum standards.
(6) The secretary shall use
available resources only for ((regional support networks)) behavioral
health and recovery organizations, except:
(a) To the extent authorized, and in accordance with any
priorities or conditions specified, in the biennial appropriations act; or
(b) To incentivize improved performance with respect to the
client outcomes established in RCW 43.20A.895, 70.320.020, and 71.36.025,
integration of behavioral health and medical services at the clinical level,
and improved care coordination for individuals with complex care needs.
(7) Each ((certified regional
support network)) behavioral health and recovery organization and
licensed service provider shall file with the secretary, on request, such data,
statistics, schedules, and information as the secretary reasonably requires. A
((certified regional support network)) behavioral health and recovery
organization or licensed service provider which, without good cause, fails
to furnish any data, statistics, schedules, or information as requested, or
files fraudulent reports thereof, may be subject to the behavioral health
and recovery organization contractual remedies in section 3 of this act or
may have its service provider certification or license revoked or
suspended.
(8) The secretary may suspend, revoke, limit, or restrict a certification or license, or refuse to grant a certification or license for failure to conform to: (a) The law; (b) applicable rules and regulations; (c) applicable standards; or (d) state minimum standards.
(9) The superior court may restrain
any ((regional support network)) behavioral health and recovery
organization or service provider from operating without a contract,
certification, or a license or any other violation of this section. The
court may also review, pursuant to procedures contained in chapter 34.05 RCW,
any denial, suspension, limitation, restriction, or revocation of certification
or license, and grant other relief required to enforce the provisions of this
chapter.
(10) Upon petition by the
secretary, and after hearing held upon reasonable notice to the facility, the
superior court may issue a warrant to an officer or employee of the secretary
authorizing him or her to enter at reasonable times, and examine the records,
books, and accounts of any ((regional support network)) behavioral
health and recovery organizations or service provider refusing to consent
to inspection or examination by the authority.
(11) Notwithstanding the existence
or pursuit of any other remedy, the secretary may file an action for an
injunction or other process against any person or governmental unit to restrain
or prevent the establishment, conduct, or operation of a ((regional support
network)) behavioral health and recovery organization or service
provider without certification or a license under this chapter.
(12) The standards for certification or licensure of evaluation and treatment facilities shall include standards relating to maintenance of good physical and mental health and other services to be afforded persons pursuant to this chapter and chapters 71.05 and 71.34 RCW, and shall otherwise assure the effectuation of the purposes of these chapters.
(13) The standards for certification or licensure of crisis stabilization units shall include standards that:
(a) Permit location of the units at a jail facility if the unit is physically separate from the general population of the jail;
(b) Require administration of the unit by mental health professionals who direct the stabilization and rehabilitation efforts; and
(c) Provide an environment affording security appropriate with the alleged criminal behavior and necessary to protect the public safety.
(14) The standards for certification or licensure of a clubhouse shall at a minimum include:
(a) The facilities may be peer‑operated and must be recovery‑focused;
(b) Members and employees must work together;
(c) Members must have the opportunity to participate in all the work of the clubhouse, including administration, research, intake and orientation, outreach, hiring, training and evaluation of staff, public relations, advocacy, and evaluation of clubhouse effectiveness;
(d) Members and staff and ultimately the clubhouse director must be responsible for the operation of the clubhouse, central to this responsibility is the engagement of members and staff in all aspects of clubhouse operations;
(e) Clubhouse programs must be comprised of structured activities including but not limited to social skills training, vocational rehabilitation, employment training and job placement, and community resource development;
(f) Clubhouse programs must provide in‑house educational programs that significantly utilize the teaching and tutoring skills of members and assist members by helping them to take advantage of adult education opportunities in the community;
(g) Clubhouse programs must focus on strengths, talents, and abilities of its members;
(h) The work‑ordered day may not include medication clinics, day treatment, or other therapy programs within the clubhouse.
(15) The department shall distribute appropriated state and federal funds in accordance with any priorities, terms, or conditions specified in the appropriations act.
(16) The secretary shall assume all
duties assigned to the nonparticipating ((regional support networks)) behavioral
health and recovery organizations under chapters 71.05 and 71.34 RCW and
this chapter. Such responsibilities shall include those which would have been
assigned to the nonparticipating counties in regions where there are not
participating ((regional support networks)) behavioral health and
recovery organizations.
The ((regional support networks))
behavioral health and recovery organizations, or the secretary's
assumption of all responsibilities under chapters 71.05 and 71.34 RCW and this
chapter, shall be included in all state and federal plans affecting the state
mental health program including at least those required by this chapter, the
medicaid program, and P.L. 99-660. Nothing in these plans shall be
inconsistent with the intent and requirements of this chapter.
(17) The secretary shall:
(a) Disburse funds for the ((regional
support networks)) behavioral health and recovery organizations
within sixty days of approval of the biennial contract. The department must
either approve or reject the biennial contract within sixty days of receipt.
(b) Enter into biennial contracts
with ((regional support networks)) behavioral health and recovery
organizations. The contracts shall be consistent with available
resources. No contract shall be approved that does not include progress toward
meeting the goals of this chapter by taking responsibility for: (i) Short-term
commitments; (ii) residential care; and (iii) emergency response systems.
(c) Notify ((regional support
networks)) behavioral health and recovery organizations of their
allocation of available resources at least sixty days prior to the start of a
new biennial contract period.
(d) Deny all or part of the funding
allocations to ((regional support networks)) behavioral health and
recovery organizations based solely upon formal findings of noncompliance
with the terms of the ((regional support network's)) behavioral
health and recovery organization's contract with the department. ((Regional
support networks)) Behavioral health and recovery organizations
disputing the decision of the secretary to withhold funding allocations are
limited to the remedies provided in the department's contracts with the ((regional
support networks)) behavioral health and recovery organizations.
(18) The department, in cooperation with the state congressional delegation, shall actively seek waivers of federal requirements and such modifications of federal regulations as are necessary to allow federal medicaid reimbursement for services provided by freestanding evaluation and treatment facilities certified under chapter 71.05 RCW. The department shall periodically report its efforts to the appropriate committees of the senate and the house of representatives.
Sec. 105. RCW 71.24.045 and 2006 c 333 s 105 are each amended to read as follows:
The ((regional support network))
behavioral health and recovery organization shall:
(1) Contract as needed with
licensed service providers. The ((regional support network)) behavioral
health and recovery and recovery organization may, in the absence of a
licensed service provider entity, become a licensed service provider entity
pursuant to minimum standards required for licensing by the department for the
purpose of providing services not available from licensed service providers;
(2) Operate as a licensed service
provider if it deems that doing so is more efficient and cost effective than
contracting for services. When doing so, the ((regional support network))
behavioral health and recovery organization shall comply with rules
promulgated by the secretary that shall provide measurements to determine when
a ((regional support network)) behavioral health and recovery
organization provided service is more efficient and cost effective;
(3) Monitor and perform biennial
fiscal audits of licensed service providers who have contracted with the ((regional
support network)) behavioral health and recovery organization to
provide services required by this chapter. The monitoring and audits shall be
performed by means of a formal process which insures that the licensed service
providers and professionals designated in this subsection meet the terms of
their contracts;
(4) Assure that the special needs
of minorities, the elderly, ((disabled)) individuals with
disabilities, children, and low-income persons are met within the
priorities established in this chapter;
(5) Maintain patient tracking information in a central location as required for resource management services and the department's information system;
(6) Collaborate to ensure that
policies do not result in an adverse shift of ((mentally ill)) persons with
mental illness into state and local correctional facilities;
(7) Work with the department to expedite the enrollment or re- enrollment of eligible persons leaving state or local correctional facilities and institutions for mental diseases;
(8) ((If a regional support
network is not operated by the county,)) Work closely with the
county designated mental health professional or county designated crisis
responder to maximize appropriate placement of persons into community services;
and
(9) Coordinate services for individuals who have received services through the community mental health system and who become patients at a state mental hospital to ensure they are transitioned into the community in accordance with mutually agreed upon discharge plans and upon determination by the medical director of the state mental hospital that they no longer need intensive inpatient care.
Sec. 106. RCW 71.24.100 and 2012 c 117 s 442 are each amended to read as follows:
A county authority or a group of
county authorities may enter into a joint operating agreement to ((form))
respond to a request for a detailed plan and contract with the state to
operate a ((regional support network)) behavioral health and
recovery organization whose boundaries are consistent with the regional service
areas established under section 2 of this act. Any agreement between two
or more county authorities ((for the establishment of a regional support
network)) shall provide:
(1) That each county shall bear a share of the cost of mental health services; and
(2) That the treasurer of one participating county shall be the custodian of funds made available for the purposes of such mental health services, and that the treasurer may make payments from such funds upon audit by the appropriate auditing officer of the county for which he or she is treasurer.
Sec. 107. RCW 71.24.110 and 1999 c 10 s 7 are each amended to read as follows:
An agreement ((for the
establishment of a community mental health program)) to contract with
the state to operate a behavioral health and recovery organization under
RCW 71.24.100 may also provide:
(1) For the joint supervision or operation of services and facilities, or for the supervision or operation of service and facilities by one participating county under contract for the other participating counties; and
(2) For such other matters as are necessary or proper to effectuate the purposes of this chapter.
Sec. 108. RCW 71.24.340 and 2005 c 503 s 13 are each amended to read as follows:
The secretary shall require the ((regional
support networks)) behavioral health and recovery organizations to
develop ((interlocal agreements pursuant to RCW 74.09.555. To this end, the
regional support networks shall)) agreements with city and county jails
to accept referrals for enrollment on behalf of a confined person, prior to
the person's release.
Sec. 109. RCW 71.24.420 and 2001 c 323 s 2 are each amended to read as follows:
The department shall operate the community mental health service delivery system authorized under this chapter within the following constraints:
(1) The full amount of federal funds for mental health services, plus qualifying state expenditures as appropriated in the biennial operating budget, shall be appropriated to the department each year in the biennial appropriations act to carry out the provisions of the community mental health service delivery system authorized in this chapter.
(2) The department may expend funds
defined in subsection (1) of this section in any manner that will effectively
accomplish the outcome measures ((defined in section 5 of this act)) established
in RCW 43.20A.895 and 71.36.025 and performance measures linked to those
outcomes.
(3) The department shall implement
strategies that accomplish the outcome measures ((identified in section 5 of
this act that are within the funding constraints in this section)) established
in RCW 43.20A.895, 70.320.020, and 71.36.025 and performance measures linked to
those outcomes.
(4) The department shall monitor expenditures against the appropriation levels provided for in subsection (1) of this section.
Sec. 110. RCW 70.96A.020 and 2001 c 13 s 1 are each amended to read as follows:
For the purposes of this chapter the following words and phrases shall have the following meanings unless the context clearly requires otherwise:
(1) "Alcoholic" means a person who suffers from the disease of alcoholism.
(2) "Alcoholism" means a disease, characterized by a dependency on alcoholic beverages, loss of control over the amount and circumstances of use, symptoms of tolerance, physiological or psychological withdrawal, or both, if use is reduced or discontinued, and impairment of health or disruption of social or economic functioning.
(3) "Approved treatment program" means a discrete program of chemical dependency treatment provided by a treatment program certified by the department of social and health services as meeting standards adopted under this chapter.
(4) "Chemical dependency" means:
(a) Alcoholism; (b) drug addiction; or (c) dependence on alcohol and one or more other psychoactive chemicals, as the context requires.
(5) "Chemical dependency program" means expenditures and activities of the department designed and conducted to prevent or treat alcoholism and other drug addiction, including reasonable administration and overhead.
(6) "Department" means the department of social and health services.
(7) "Designated chemical dependency specialist" or "specialist" means a person designated by the county alcoholism and other drug addiction program coordinator designated under RCW 70.96A.310 to perform the commitment duties described in RCW 70.96A.140 and qualified to do so by meeting standards adopted by the department.
(8) "Director" means the person administering the chemical dependency program within the department.
(9) "Drug addict" means a person who suffers from the disease of drug addiction.
(10) "Drug addiction" means a disease characterized by a dependency on psychoactive chemicals, loss of control over the amount and circumstances of use, symptoms of tolerance, physiological or psychological withdrawal, or both, if use is reduced or discontinued, and impairment of health or disruption of social or economic functioning.
(11) "Emergency service patrol" means a patrol established under RCW 70.96A.170.
(12) "Gravely disabled by alcohol or other psychoactive chemicals" or "gravely disabled" means that a person, as a result of the use of alcohol or other psychoactive chemicals: (a) Is in danger of serious physical harm resulting from a failure to provide for his or her essential human needs of health or safety; or (b) manifests severe deterioration in routine functioning evidenced by a repeated and escalating loss of cognition or volitional control over his or her actions and is not receiving care as essential for his or her health or safety.
(13) "History of one or more violent acts" refers to the period of time ten years prior to the filing of a petition under this chapter, excluding any time spent, but not any violent acts committed, in a mental health facility, or a long-term alcoholism or drug treatment facility, or in confinement.
(14) "Incapacitated by alcohol or other psychoactive chemicals" means that a person, as a result of the use of alcohol or other psychoactive chemicals, is gravely disabled or presents a likelihood of serious harm to himself or herself, to any other person, or to property.
(15) "Incompetent person" means a person who has been adjudged incompetent by the superior court.
(16) "Intoxicated person" means a person whose mental or physical functioning is substantially impaired as a result of the use of alcohol or other psychoactive chemicals.
(17) "Licensed physician" means a person licensed to practice medicine or osteopathic medicine and surgery in the state of Washington.
(18) "Likelihood of serious harm" means:
(a) A substantial risk that: (i) Physical harm will be inflicted by an individual upon his or her own person, as evidenced by threats or attempts to commit suicide or inflict physical harm on one's self; (ii) physical harm will be inflicted by an individual upon another, as evidenced by behavior that has caused the harm or that places another person or persons in reasonable fear of sustaining the harm; or (iii) physical harm will be inflicted by an individual upon the property of others, as evidenced by behavior that has caused substantial loss or damage to the property of others; or
(b) The individual has threatened the physical safety of another and has a history of one or more violent acts.
(19) "Medical necessity" for inpatient care of a minor means a requested certified inpatient service that is reasonably calculated to: (a) Diagnose, arrest, or alleviate a chemical dependency; or (b) prevent the worsening of chemical dependency conditions that endanger life or cause suffering and pain, or result in illness or infirmity or threaten to cause or aggravate a handicap, or cause physical deformity or malfunction, and there is no adequate less restrictive alternative available.
(20) "Minor" means a person less than eighteen years of age.
(21) "Parent" means the parent or parents who have the legal right to custody of the child. Parent includes custodian or guardian.
(22) "Peace officer" means a law enforcement official of a public agency or governmental unit, and includes persons specifically given peace officer powers by any state law, local ordinance, or judicial order of appointment.
(23) "Person" means an individual, including a minor.
(24) "Professional person in charge" or "professional person" means a physician or chemical dependency counselor as defined in rule by the department, who is empowered by a certified treatment program with authority to make assessment, admission, continuing care, and discharge decisions on behalf of the certified program.
(25) "Secretary" means the secretary of the department of social and health services.
(26) "Treatment" means the broad range of emergency, detoxification, residential, and outpatient services and care, including diagnostic evaluation, chemical dependency education and counseling, medical, psychiatric, psychological, and social service care, vocational rehabilitation and career counseling, which may be extended to alcoholics and other drug addicts and their families, persons incapacitated by alcohol or other psychoactive chemicals, and intoxicated persons.
(27) "Treatment program" means an organization, institution, or corporation, public or private, engaged in the care, treatment, or rehabilitation of alcoholics or other drug addicts.
(28) "Violent act" means behavior that resulted in homicide, attempted suicide, nonfatal injuries, or substantial damage to property.
(29) "Behavioral health and recovery
organization" means a county authority or group of county authorities or
other entity recognized by the secretary in contract in a defined regional
service area.
(30) "Behavioral health services" means mental
health services as described in chapters 71.24 and 71.36 RCW and chemical
dependency treatment services as described in this chapter.
Sec. 111. RCW 70.96A.040 and 1989 c 270 s 5 are each amended to read as follows:
The department, in the operation of the chemical dependency program may:
(1) Plan, establish, and maintain prevention and treatment programs as necessary or desirable;
(2) Make contracts necessary or incidental to the performance of its duties and the execution of its powers, including managed care contracts for behavioral health services, contracts entered into under RCW 74.09.522, and contracts with public and private agencies, organizations, and individuals to pay them for services rendered or furnished to alcoholics or other drug addicts, persons incapacitated by alcohol or other psychoactive chemicals, or intoxicated persons;
(3) Enter into agreements for monitoring of verification of qualifications of counselors employed by approved treatment programs;
(4) Adopt rules under chapter 34.05 RCW to carry out the provisions and purposes of this chapter and contract, cooperate, and coordinate with other public or private agencies or individuals for those purposes;
(5) Solicit and accept for use any gift of money or property made by will or otherwise, and any grant of money, services, or property from the federal government, the state, or any political subdivision thereof or any private source, and do all things necessary to cooperate with the federal government or any of its agencies in making an application for any grant;
(6) Administer or supervise the administration of the provisions relating to alcoholics, other drug addicts, and intoxicated persons of any state plan submitted for federal funding pursuant to federal health, welfare, or treatment legislation;
(7) Coordinate its activities and cooperate with chemical dependency programs in this and other states, and make contracts and other joint or cooperative arrangements with state, local, or private agencies in this and other states for the treatment of alcoholics and other drug addicts and their families, persons incapacitated by alcohol or other psychoactive chemicals, and intoxicated persons and for the common advancement of chemical dependency programs;
(8) Keep records and engage in research and the gathering of relevant statistics;
(9) Do other acts and things necessary or convenient to execute the authority expressly granted to it;
(10) Acquire, hold, or dispose of real property or any interest therein, and construct, lease, or otherwise provide treatment programs.
Sec. 112. RCW 70.96A.050 and 2001 c 13 s 2 are each amended to read as follows:
The department shall:
(1) Develop, encourage, and foster statewide, regional, and local plans and programs for the prevention of alcoholism and other drug addiction, treatment of alcoholics and other drug addicts and their families, persons incapacitated by alcohol or other psychoactive chemicals, and intoxicated persons in cooperation with public and private agencies, organizations, and individuals and provide technical assistance and consultation services for these purposes;
(2) Assure that any behavioral
health and recovery organization managed care contract or managed care contract
under RCW 74.09.522 for behavioral health services or program for the treatment
of alcoholics and other drug addicts and their families, persons incapacitated
by alcohol or other psychoactive chemicals, and intoxicated persons provides medically
necessary services to medicaid recipients. This must include a continuum of
mental health and chemical dependency services consistent with the state's
medicaid plan or federal waiver authorities, and nonmedicaid services
consistent with priorities established by the department;
(3) Coordinate the efforts and enlist the assistance of
all public and private agencies, organizations, and individuals interested in
prevention of alcoholism and drug addiction, and treatment of alcoholics and
other drug addicts and their families, persons incapacitated by alcohol or
other psychoactive chemicals, and intoxicated persons;
(((3))) (4) Cooperate
with public and private agencies in establishing and conducting programs to
provide treatment for alcoholics and other drug addicts and their families,
persons incapacitated by alcohol or other psychoactive chemicals, and
intoxicated persons who are clients of the correctional system;
(((4))) (5) Cooperate
with the superintendent of public instruction, state board of education,
schools, police departments, courts, and other public and private agencies,
organizations and individuals in establishing programs for the prevention of
alcoholism and other drug addiction, treatment of alcoholics or other drug
addicts and their families, persons incapacitated by alcohol or other
psychoactive chemicals, and intoxicated persons, and preparing curriculum
materials thereon for use at all levels of school education;
(((5))) (6) Prepare,
publish, evaluate, and disseminate educational material dealing with the nature
and effects of alcohol and other psychoactive chemicals and the consequences of
their use;
(((6))) (7) Develop
and implement, as an integral part of treatment programs, an educational
program for use in the treatment of alcoholics or other drug addicts, persons
incapacitated by alcohol or other psychoactive chemicals, and intoxicated
persons, which program shall include the dissemination of information
concerning the nature and effects of alcohol and other psychoactive chemicals,
the consequences of their use, the principles of recovery, and HIV and AIDS;
(((7))) (8) Organize
and foster training programs for persons engaged in treatment of alcoholics or
other drug addicts, persons incapacitated by alcohol or other psychoactive
chemicals, and intoxicated persons;
(((8))) (9) Sponsor
and encourage research into the causes and nature of alcoholism and other drug
addiction, treatment of alcoholics and other drug addicts, persons
incapacitated by alcohol or other psychoactive chemicals, and intoxicated
persons, and serve as a clearinghouse for information relating to alcoholism or
other drug addiction;
(((9))) (10) Specify
uniform methods for keeping statistical information by public and private
agencies, organizations, and individuals, and collect and make available
relevant statistical information, including number of persons treated,
frequency of admission and readmission, and frequency and duration of
treatment;
(((10))) (11) Advise
the governor in the preparation of a comprehensive plan for treatment of
alcoholics and other drug addicts, persons incapacitated by alcohol or other
psychoactive chemicals, and intoxicated persons for inclusion in the state's
comprehensive health plan;
(((11))) (12) Review
all state health, welfare, and treatment plans to be submitted for federal
funding under federal legislation, and advise the governor on provisions to be
included relating to alcoholism and other drug addiction, persons incapacitated
by alcohol or other psychoactive chemicals, and intoxicated persons;
(((12))) (13) Assist
in the development of, and cooperate with, programs for alcohol and other
psychoactive chemical education and treatment for employees of state and local
governments and businesses and industries in the state;
(((13))) (14) Use the
support and assistance of interested persons in the community to encourage
alcoholics and other drug addicts voluntarily to undergo treatment;
(((14))) (15)
Cooperate with public and private agencies in establishing and conducting programs
designed to deal with the problem of persons operating motor vehicles while
intoxicated;
(((15))) (16)
Encourage general hospitals and other appropriate health facilities to admit
without discrimination alcoholics and other drug addicts, persons incapacitated
by alcohol or other psychoactive chemicals, and intoxicated persons and to
provide them with adequate and appropriate treatment;
(((16))) (17)
Encourage all health and disability insurance programs to include alcoholism
and other drug addiction as a covered illness; and
(((17))) (18)
Organize and sponsor a statewide program to help court personnel, including
judges, better understand the disease of alcoholism and other drug addiction
and the uses of chemical dependency treatment programs.
Sec. 113. RCW 70.96A.080 and 1989 c 270 s 18 are each amended to read as follows:
(1) In coordination with the
health care authority, the department shall establish by ((all))
appropriate means, ((including contracting for services,)) a
comprehensive and coordinated ((discrete)) program for the treatment of
alcoholics and other drug addicts and their families, persons incapacitated by
alcohol or other psychoactive chemicals, and intoxicated persons.
(2)(a) The program shall include, but not necessarily be limited to, a continuum of chemical dependency treatment services that includes:
(((a))) (i)
Detoxification services available twenty-four hours a day;
(((b))) (ii)
Residential treatment; ((and
(c))) (iii) Outpatient treatment, including
medication assisted treatment; and
(iv) Contracts with at least one provider directly or
through contracts with behavioral health and recovery organizations, for case
management and residential treatment services for pregnant and parenting women.
(b) The program may include peer support, supported housing, supported employment, crisis diversion, or recovery support services.
(3) All appropriate public and private resources shall be coordinated with and used in the program when possible.
(4) The department may contract for the use of an approved treatment program or other individual or organization if the secretary considers this to be an effective and economical course to follow.
(5) By April 1, 2016, treatment provided under this chapter must be purchased primarily through managed care contracts. Consistent with RCW 70.96A.350, services and funding provided through the criminal justice treatment account are intended to be exempted from managed care contracting.
Sec. 114. RCW 70.96A.320 and 2013 c 320 s 8 are each amended to read as follows:
(1) A county legislative authority, or two or more counties acting jointly, may establish an alcoholism and other drug addiction program. If two or more counties jointly establish the program, they shall designate one county to provide administrative and financial services.
(2) To be eligible for funds from the department for the support of the county alcoholism and other drug addiction program, the county legislative authority shall establish a county alcoholism and other drug addiction board under RCW 70.96A.300 and appoint a county alcoholism and other drug addiction program coordinator under RCW 70.96A.310.
(3) The county legislative authority may apply to the department for financial support for the county program of alcoholism and other drug addiction. To receive financial support, the county legislative authority shall submit a plan that meets the following conditions:
(a) It shall describe the prevention, early intervention, or recovery support services and activities to be provided;
(b) It shall include anticipated expenditures and revenues;
(c) It shall be prepared by the county alcoholism and other drug addiction program board and be adopted by the county legislative authority;
(d) It shall reflect maximum effective use of existing services and programs; and
(e) It shall meet other conditions that the secretary may require.
(4) The county may accept and spend gifts, grants, and fees, from public and private sources, to implement its program of alcoholism and other drug addiction.
(5) The department shall require that any agreement to provide financial support to a county that performs the activities of a service coordination organization for alcoholism and other drug addiction services must incorporate the expected outcomes and criteria to measure the performance of service coordination organizations as provided in chapter 70.320 RCW.
(6) The county may subcontract for prevention, early intervention, or recovery support services with approved prevention or treatment programs.
(7) To continue to be eligible for financial support from the department for the county alcoholism and other drug addiction program, an increase in state financial support shall not be used to supplant local funds from a source that was used to support the county alcoholism and other drug addiction program before the effective date of the increase.
Sec. 115. RCW 71.24.049 and 2001 c 323 s 13 are each amended to read as follows:
By January 1st of each odd-numbered
year, the ((regional support network)) behavioral health and recovery
organization shall identify: (1) The number of children in each priority
group, as defined by this chapter, who are receiving mental health services
funded in part or in whole under this chapter, (2) the amount of funds under
this chapter used for children's mental health services, (3) an estimate of the
number of unserved children in each priority group, and (4) the estimated cost
of serving these additional children and their families.
Sec. 116. RCW 71.24.061 and 2007 c 359 s 7 are each amended to read as follows:
(1) The department shall provide
flexibility in provider contracting to ((regional support networks)) behavioral
health and recovery organizations for children's mental health services.
Beginning with 2007-2009 biennium contracts, ((regional support network))
behavioral health and recovery organization contracts shall authorize ((regional
support networks)) behavioral health and recovery organizations to
allow and encourage licensed community mental health centers to subcontract
with individual licensed mental health professionals when necessary to meet the
need for an adequate, culturally competent, and qualified children's mental
health provider network.
(2) To the extent that funds are specifically appropriated for this purpose or that nonstate funds are available, a children's mental health evidence-based practice institute shall be established at the University of Washington division of public behavioral health and justice policy. The institute shall closely collaborate with entities currently engaged in evaluating and promoting the use of evidence- based, research‑based, promising, or consensus‑based practices in children's mental health treatment, including but not limited to the University of Washington department of psychiatry and behavioral sciences, children's hospital and regional medical center, the University of Washington school of nursing, the University of Washington school of social work, and the Washington state institute for public policy. To ensure that funds appropriated are used to the greatest extent possible for their intended purpose, the University of Washington's indirect costs of administration shall not exceed ten percent of appropriated funding. The institute shall:
(a) Improve the implementation of evidence-based and research‑based practices by providing sustained and effective training and consultation to licensed children's mental health providers and child‑serving agencies who are implementing evidence‑based or researched-based practices for treatment of children's emotional or behavioral disorders, or who are interested in adapting these practices to better serve ethnically or culturally diverse children. Efforts under this subsection should include a focus on appropriate oversight of implementation of evidence‑based practices to ensure fidelity to these practices and thereby achieve positive outcomes;
(b) Continue the successful implementation of the "partnerships for success" model by consulting with communities so they may select, implement, and continually evaluate the success of evidence-based practices that are relevant to the needs of children, youth, and families in their community;
(c) Partner with youth, family members, family advocacy, and culturally competent provider organizations to develop a series of information sessions, literature, and online resources for families to become informed and engaged in evidence-based and research‑based practices;
(d) Participate in the identification of outcome-based performance measures under RCW 71.36.025(2) and partner in a statewide effort to implement statewide outcomes monitoring and quality improvement processes; and
(e) Serve as a statewide resource to the department and other entities on child and adolescent evidence-based, research-based, promising, or consensus‑based practices for children's mental health treatment, maintaining a working knowledge through ongoing review of academic and professional literature, and knowledge of other evidence- based practice implementation efforts in Washington and other states.
(3) To the extent that funds are specifically appropriated for this purpose, the department in collaboration with the evidence-based practice institute shall implement a pilot program to support primary care providers in the assessment and provision of appropriate diagnosis and treatment of children with mental and behavioral health disorders and track outcomes of this program. The program shall be designed to promote more accurate diagnoses and treatment through timely case consultation between primary care providers and child psychiatric specialists, and focused educational learning collaboratives with primary care providers.
Sec. 117. RCW 71.24.155 and 2001 c 323 s 14 are each amended to read as follows:
Grants shall be made by the
department to ((regional support networks)) behavioral health and
recovery organizations for community mental health programs totaling not
less than ninety-five percent of available resources. The department may use
up to forty percent of the remaining five percent to provide community
demonstration projects, including early intervention or primary prevention
programs for children, and the remainder shall be for emergency needs and
technical assistance under this chapter.
Sec. 118. RCW 71.24.160 and 2011 c 343 s 6 are each amended to read as follows:
The ((regional support networks))
behavioral health and recovery organizations shall make satisfactory
showing to the secretary that state funds shall in no case be used to replace
local funds from any source being used to finance mental health services prior
to January 1, 1990. Maintenance of effort funds devoted to judicial services
related to involuntary commitment reimbursed under RCW 71.05.730 must be
expended for other purposes that further treatment for mental health and
chemical dependency disorders.
Sec. 119. RCW 71.24.250 and 2001 c 323 s 16 are each amended to read as follows:
The ((regional support network))
behavioral health and recovery organization may accept and expend gifts
and grants received from private, county, state, and federal sources.
Sec. 120. RCW 71.24.300 and 2008 c 261 s 4 are each amended to read as follows:
(1) Upon the request of a tribal
authority or authorities within a ((regional support network)) behavioral
health and recovery organization the joint operating agreement or the
county authority shall allow for the inclusion of the tribal authority to be
represented as a party to the ((regional support network)) behavioral
health and recovery organization.
(2) The roles and responsibilities of the county and tribal authorities shall be determined by the terms of that agreement including a determination of membership on the governing board and advisory committees, the number of tribal representatives to be party to the agreement, and the provisions of law and shall assure the provision of culturally competent services to the tribes served.
(3) The state mental health
authority may not determine the roles and responsibilities of county
authorities as to each other under ((regional support networks)) behavioral
health and recovery organizations by rule, except to assure that all duties
required of ((regional support networks)) behavioral health and
recovery organizations are assigned and that counties and the ((regional
support network)) behavioral health and recovery organization do not
duplicate functions and that a single authority has final responsibility for
all available resources and performance under the ((regional support
network's)) behavioral health and recovery organization's contract
with the secretary.
(4) If a ((regional support
network)) behavioral health and recovery organization is a private
entity, the department shall allow for the inclusion of the tribal authority to
be represented as a party to the ((regional support network)) behavioral
health and recovery organization.
(5) The roles and responsibilities of the private entity and the tribal authorities shall be determined by the department, through negotiation with the tribal authority.
(6) ((Regional support networks))
Behavioral health and recovery organizations shall submit an overall
six-year operating and capital plan, timeline, and budget and submit progress
reports and an updated two-year plan biennially thereafter, to assume within
available resources all of the following duties:
(a) Administer and provide for the availability of all resource management services, residential services, and community support services.
(b) Administer and provide for the availability of all investigation, transportation, court-related, and other services provided by the state or counties pursuant to chapter 71.05 RCW.
(c) Provide within the boundaries
of each ((regional support network)) behavioral health and recovery
organization evaluation and treatment services for at least ninety percent
of persons detained or committed for periods up to seventeen days according to
chapter 71.05 RCW. ((Regional support networks)) Behavioral health
and recovery organizations may contract to purchase evaluation and
treatment services from other ((networks)) organizations if they
are unable to provide for appropriate resources within their boundaries.
Insofar as the original intent of serving persons in the community is
maintained, the secretary is authorized to approve exceptions on a case-by-case
basis to the requirement to provide evaluation and treatment services within
the boundaries of each ((regional support network)) behavioral health
and recovery organization. Such exceptions are limited to:
(i) Contracts with neighboring or contiguous regions; or
(ii) Individuals detained or committed for periods up to seventeen days at the state hospitals at the discretion of the secretary.
(d) Administer and provide for the
availability of all other mental health services, which shall include patient
counseling, day treatment, consultation, education services, employment
services as ((defined)) described in RCW 71.24.035, and mental
health services to children.
(e) Establish standards and procedures for reviewing individual service plans and determining when that person may be discharged from resource management services.
(7) A ((regional support network))
behavioral health and recovery organization may request that any
state-owned land, building, facility, or other capital asset which was ever
purchased, deeded, given, or placed in trust for the care of the persons with
mental illness and which is within the boundaries of a ((regional support
network)) behavioral health and recovery organization be made
available to support the operations of the ((regional support network)) behavioral
health and recovery organization. State agencies managing such capital
assets shall give first priority to requests for their use pursuant to this
chapter.
(8) Each ((regional support
network)) behavioral health and recovery organization shall appoint
a mental health advisory board which shall review and provide comments on plans
and policies developed under this chapter, provide local oversight regarding
the activities of the ((regional support network)) behavioral health
and recovery organization, and work with the ((regional support network))
behavioral health and recovery organization to resolve significant
concerns regarding service delivery and outcomes. The department shall
establish statewide procedures for the operation of regional advisory
committees including mechanisms for advisory board feedback to the department
regarding ((regional support network)) behavioral health and recovery
organization performance. The composition of the board shall be broadly
representative of the demographic character of the region and shall include,
but not be limited to, representatives of consumers and families, law
enforcement, and where the county is not the ((regional support network))
behavioral health and recovery organization, county elected officials.
Composition and length of terms of board members may differ between ((regional
support networks)) behavioral health and recovery organizations but
shall be included in each ((regional support network's)) behavioral
health and recovery organization's contract and approved by the secretary.
(9) ((Regional support networks))
Behavioral health and recovery organizations shall assume all duties
specified in their plans and joint operating agreements through biennial
contractual agreements with the secretary.
(10) ((Regional support networks))
Behavioral health and recovery organizations may receive technical
assistance from the housing trust fund and may identify and submit projects for
housing and housing support services to the housing trust fund established
under chapter 43.185 RCW. Projects identified or submitted under this
subsection must be fully integrated with the ((regional support network))
behavioral health and recovery organization six-year operating and
capital plan, timeline, and budget required by subsection (6) of this section.
Sec. 121. RCW 71.24.310 and 2013 2nd sp.s. c 4 s 994 are each amended to read as follows:
The legislature finds that
administration of chapter 71.05 RCW and this chapter can be most efficiently
and effectively implemented as part of the ((regional support network)) behavioral
health and recovery organization defined in RCW 71.24.025. For this
reason, the legislature intends that the department and the ((regional
support networks)) behavioral health and recovery organizations
shall work together to implement chapter 71.05 RCW as follows:
(1) By June 1, 2006, ((regional
support networks)) behavioral health and recovery organizations
shall recommend to the department the number of state hospital beds that should
be allocated for use by each ((regional support network)) behavioral
health and recovery organization. The statewide total allocation shall not
exceed the number of state hospital beds offering long-term inpatient care, as
defined in this chapter, for which funding is provided in the biennial
appropriations act.
(2) If there is consensus among the
((regional support networks)) behavioral health and recovery
organizations regarding the number of state hospital beds that should be
allocated for use by each ((regional support network)) behavioral
health and recovery organization, the department shall contract with each
((regional support network)) behavioral health and recovery
organization accordingly.
(3) If there is not consensus among
the ((regional support networks)) behavioral health and recovery
organizations regarding the number of beds that should be allocated for use
by each ((regional support network)) behavioral health and recovery
organization, the department shall establish by emergency rule the number
of state hospital beds that are available for use by each ((regional support
network)) behavioral health and recovery organization. The
emergency rule shall be effective September 1, 2006. The primary factor used
in the allocation shall be the estimated number of adults with acute and
chronic mental illness in each ((regional support network)) behavioral
health and recovery organization area, based upon population-adjusted
incidence and utilization.
(4) The allocation formula shall be updated at least every three years to reflect demographic changes, and new evidence regarding the incidence of acute and chronic mental illness and the need for long- term inpatient care. In the updates, the statewide total allocation shall include (a) all state hospital beds offering long-term inpatient care for which funding is provided in the biennial appropriations act; plus (b) the estimated equivalent number of beds or comparable diversion services contracted in accordance with subsection (5) of this section.
(5) The department is encouraged to
enter performance-based contracts with ((regional support networks)) behavioral
health and recovery organizations to provide some or all of the ((regional
support network's)) behavioral health and recovery organization's
allocated long-term inpatient treatment capacity in the community, rather than
in the state hospital. The performance contracts shall specify the number of
patient days of care available for use by the ((regional support network))
behavioral health and recovery organization in the state hospital.
(6) If a ((regional support
network)) behavioral health and recovery organization uses more
state hospital patient days of care than it has been allocated under subsection
(3) or (4) of this section, or than it has contracted to use under subsection
(5) of this section, whichever is less, it shall reimburse the department for
that care, except during the period of July 1, 2012, through December 31, 2013,
where reimbursements may be temporarily altered per section 204, chapter 4,
Laws of 2013 2nd sp. sess. The reimbursement rate per day shall be the
hospital's total annual budget for long-term inpatient care, divided by the
total patient days of care assumed in development of that budget.
(7) One-half of any reimbursements
received pursuant to subsection (6) of this section shall be used to support
the cost of operating the state hospital and, during the 2007-2009 fiscal
biennium, implementing new services that will enable a ((regional support
network)) behavioral health and recovery organization to reduce its
utilization of the state hospital. The department shall distribute the
remaining half of such reimbursements among ((regional support networks))
behavioral health and recovery organizations that have used less than
their allocated or contracted patient days of care at that hospital,
proportional to the number of patient days of care not used.
Sec. 122. RCW 71.24.350 and 2013 c 23 s 189 are each amended to read as follows:
The department shall require each
((regional support network)) behavioral health and recovery
organization to provide for a separately funded mental health ombuds office
in each ((regional support network)) behavioral health and recovery
organization that is independent of the ((regional support network))
behavioral health and recovery organization. The ombuds office shall
maximize the use of consumer advocates.
Sec. 123. RCW 71.24.370 and 2006 c 333 s 103 are each amended to read as follows:
(1) Except for monetary damage claims which have been reduced to final judgment by a superior court, this section applies to all claims against the state, state agencies, state officials, or state employees that exist on or arise after March 29, 2006.
(2) Except as expressly provided in
contracts entered into between the department and the ((regional support
networks)) behavioral health and recovery organizations after March
29, 2006, the entities identified in subsection (3) of this section shall have
no claim for declaratory relief, injunctive relief, judicial review under
chapter 34.05 RCW, or civil liability against the state or state agencies for
actions or inactions performed pursuant to the administration of this chapter
with regard to the following: (a) The allocation or payment of federal or
state funds; (b) the use or allocation of state hospital beds; or (c) financial
responsibility for the provision of inpatient mental health care.
(3) This section applies to
counties, ((regional support networks)) behavioral health and
recovery organizations, and entities which contract to provide ((regional
support network)) behavioral health and recovery organization
services and their subcontractors, agents, or employees.
Sec. 124. RCW 71.24.455 and 1997 c 342 s 2 are each amended to read as follows:
(1) The secretary shall select and
contract with a ((regional support network)) behavioral health and
recovery organization or private provider to provide specialized access and
services to ((mentally ill)) offenders with mental illness upon
release from total confinement within the department of corrections who have
been identified by the department of corrections and selected by the ((regional
support network)) behavioral health and recovery organization or
private provider as high-priority clients for services and who meet service
program entrance criteria. The program shall enroll no more than twenty-five
offenders at any one time, or a number of offenders that can be accommodated
within the appropriated funding level, and shall seek to fill any vacancies
that occur.
(2) Criteria shall include a determination by department of corrections staff that:
(a) The offender suffers from a major mental illness and needs continued mental health treatment;
(b) The offender's previous crime or crimes have been determined by either the court or department of corrections staff to have been substantially influenced by the offender's mental illness;
(c) It is believed the offender will be less likely to commit further criminal acts if provided ongoing mental health care;
(d) The offender is unable or unlikely to obtain housing and/or treatment from other sources for any reason; and
(e) The offender has at least one year remaining before his or her sentence expires but is within six months of release to community housing and is currently housed within a work release facility or any department of corrections' division of prisons facility.
(3) The ((regional support
network)) behavioral health and recovery organization or private
provider shall provide specialized access and services to the selected
offenders. The services shall be aimed at lowering the risk of recidivism. An
oversight committee composed of a representative of the department, a
representative of the selected ((regional support network)) behavioral
health and recovery organization or private provider, and a representative
of the department of corrections shall develop policies to guide the pilot
program, provide dispute resolution including making determinations as to when
entrance criteria or required services may be waived in individual cases,
advise the department of corrections and the ((regional support network))
behavioral health and recovery organization or private provider on the
selection of eligible offenders, and set minimum requirements for service
contracts. The selected ((regional support network)) behavioral
health and recovery organization or private provider shall implement the
policies and service contracts. The following services shall be provided:
(a) Intensive case management to include a full range of intensive community support and treatment in client-to-staff ratios of not more than ten offenders per case manager including: (i) A minimum of weekly group and weekly individual counseling; (ii) home visits by the program manager at least two times per month; and (iii) counseling focusing on relapse prevention and past, current, or future behavior of the offender.
(b) The case manager shall attempt to locate and procure housing appropriate to the living and clinical needs of the offender and as needed to maintain the psychiatric stability of the offender. The entire range of emergency, transitional, and permanent housing and involuntary hospitalization must be considered as available housing options. A housing subsidy may be provided to offenders to defray housing costs up to a maximum of six thousand six hundred dollars per offender per year and be administered by the case manager. Additional funding sources may be used to offset these costs when available.
(c) The case manager shall collaborate with the assigned prison, work release, or community corrections staff during release planning, prior to discharge, and in ongoing supervision of the offender while under the authority of the department of corrections.
(d) Medications including the full range of psychotropic medications including atypical antipsychotic medications may be required as a condition of the program. Medication prescription, medication monitoring, and counseling to support offender understanding, acceptance, and compliance with prescribed medication regimens must be included.
(e) A systematic effort to engage offenders to continuously involve themselves in current and long-term treatment and appropriate habilitative activities shall be made.
(f) Classes appropriate to the clinical and living needs of the offender and appropriate to his or her level of understanding.
(g) The case manager shall assist the offender in the application and qualification for entitlement funding, including medicaid, state assistance, and other available government and private assistance at any point that the offender is qualified and resources are available.
(h) The offender shall be provided access to daily activities such as drop-in centers, prevocational and vocational training and jobs, and volunteer activities.
(4) Once an offender has been selected into the pilot program, the offender shall remain in the program until the end of his or her sentence or unless the offender is released from the pilot program earlier by the department of corrections.
(5) Specialized training in the
management and supervision of high- crime risk ((mentally ill)) offenders
with mental illness shall be provided to all participating mental health
providers by the department and the department of corrections prior to their
participation in the program and as requested thereafter.
(6) The pilot program provided for in this section must be providing services by July 1, 1998.
Sec. 125. RCW 71.24.470 and 2009 c 319 s 1 are each amended to read as follows:
(1) The secretary shall contract,
to the extent that funds are appropriated for this purpose, for case management
services and such other services as the secretary deems necessary to assist
offenders identified under RCW 72.09.370 for participation in the offender
reentry community safety program. The contracts may be with ((regional
support networks)) behavioral health and recovery organizations or
any other qualified and appropriate entities.
(2) The case manager has the authority to assist these offenders in obtaining the services, as set forth in the plan created under RCW 72.09.370(2), for up to five years. The services may include coordination of mental health services, assistance with unfunded medical expenses, obtaining chemical dependency treatment, housing, employment services, educational or vocational training, independent living skills, parenting education, anger management services, and such other services as the case manager deems necessary.
(3) The legislature intends that
funds appropriated for the purposes of RCW 72.09.370, 71.05.145, and 71.05.212,
and this section and distributed to the ((regional support networks)) behavioral
health and recovery organizations are to supplement and not to supplant
general funding. Funds appropriated to implement RCW 72.09.370, 71.05.145, and
71.05.212, and this section are not to be considered available resources as
defined in RCW 71.24.025 and are not subject to the priorities, terms, or
conditions in the appropriations act established pursuant to RCW 71.24.035.
(4) The offender reentry community safety program was formerly known as the community integration assistance program.
Sec. 126. RCW 71.24.480 and 2009 c 319 s 2 are each amended to read as follows:
(1) A licensed service provider or
((regional support network)) behavioral health and recovery
organization, acting in the course of the provider's or ((network's))
organization's duties under this chapter, is not liable for civil
damages resulting from the injury or death of another caused by a participant
in the offender reentry community safety program who is a client of the
provider or ((network)) organization, unless the act or omission
of the provider or ((network)) organization 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 licensed service provider and ((regional
support network)) behavioral health and recovery organization 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 licensed service provider's
or ((regional support network's)) behavioral health and recovery
organization's mere act of treating a participant in the offender reentry
community safety program is not negligence. Nothing in this subsection alters
the licensed service provider's or ((regional support network's)) behavioral
health and recovery organization's normal duty of care with regard to the
client.
(4) The limited liability provided
by this section applies only to the conduct of licensed service providers and
((regional support networks)) behavioral health and recovery
organizations and does not apply to conduct of the state.
(5) For purposes of this section, "participant in the offender reentry community safety program" 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.
Sec. 127. RCW 71.24.845 and 2013 c 230 s 1 are each amended to read as follows:
The ((regional support networks))
behavioral health and recovery organizations shall jointly develop a
uniform transfer agreement to govern the transfer of clients between ((regional
support networks)) behavioral health and recovery organizations. By
September 1, 2013, the ((regional support networks)) behavioral
health and recovery organizations shall submit the uniform transfer
agreement to the department. By December 1, 2013, the department shall
establish guidelines to implement the uniform transfer agreement and may modify
the uniform transfer agreement as necessary to avoid impacts on state
administrative systems.
Sec. 128. RCW 71.24.055 and 2007 c 359 s 4 are each amended to read as follows:
As part of the system transformation initiative, the department of social and health services shall undertake the following activities related specifically to children's mental health services:
(1) The development of recommended
revisions to the access to care standards for children. The recommended
revisions shall reflect the policies and principles set out in RCW 71.36.005,
71.36.010, and 71.36.025, and recognize that early identification, intervention
and prevention services, and brief intervention services may be provided
outside of the ((regional support network)) behavioral health and
recovery organization system. Revised access to care standards shall
assess a child's need for mental health services based upon the child's
diagnosis and its negative impact upon his or her persistent impaired
functioning in family, school, or the community, and should not solely
condition the receipt of services upon a determination that a child is engaged
in high risk behavior or is in imminent need of hospitalization or out-of-home
placement. Assessment and diagnosis for children under five years of age shall
be determined using a nationally accepted assessment tool designed specifically
for children of that age. The recommendations shall also address whether
amendments to RCW 71.24.025 (((26) and)) (27) and (28) and
71.24.035(5) are necessary to implement revised access to care standards;
(2) Development of a revised children's mental health benefit package. The department shall ensure that services included in the children's mental health benefit package reflect the policies and principles included in RCW 71.36.005 and 71.36.025, to the extent allowable under medicaid, Title XIX of the federal social security act. Strong consideration shall be given to developmentally appropriate evidence-based and research‑based practices, family-based interventions, the use of natural and peer supports, and community support services. This effort shall include a review of other states' efforts to fund family‑centered children's mental health services through their medicaid programs;
(3) Consistent with the timeline developed for the system transformation initiative, recommendations for revisions to the children's access to care standards and the children's mental health services benefits package shall be presented to the legislature by January 1, 2009.
Sec. 129. RCW 71.24.065 and 2007 c 359 s 10 are each amended to read as follows:
To the extent funds are
specifically appropriated for this purpose, the department of social and health
services shall contract for implementation of a wraparound model of integrated
children's mental health services delivery in up to four ((regional support
network)) behavioral health and recovery organization regions in
Washington state in which wraparound programs are not currently operating, and
in up to two ((regional support network)) behavioral health and
recovery organization regions in which wraparound programs are currently
operating. Contracts in regions with existing wraparound programs shall be for
the purpose of expanding the number of children served.
(1) Funding provided may be expended for: Costs associated with a request for proposal and contracting process; administrative costs associated with successful bidders' operation of the wraparound model; the evaluation under subsection (5) of this section; and funding for services needed by children enrolled in wraparound model sites that are not otherwise covered under existing state programs. The services provided through the wraparound model sites shall include, but not be limited to, services covered under the medicaid program. The department shall maximize the use of medicaid and other existing state- funded programs as a funding source. However, state funds provided may be used to develop a broader service package to meet needs identified in a child's care plan. Amounts provided shall supplement, and not supplant, state, local, or other funding for services that a child being served through a wraparound site would otherwise be eligible to receive.
(2) The wraparound model sites shall serve children with serious emotional or behavioral disturbances who are at high risk of residential or correctional placement or psychiatric hospitalization, and who have been referred for services from the department, a county juvenile court, a tribal court, a school, or a licensed mental health provider or agency.
(3) Through a request for proposal
process, the department shall contract, with ((regional support networks))
behavioral health and recovery organizations, alone or in partnership
with either educational service districts or entities licensed to provide
mental health services to children with serious emotional or behavioral
disturbances, to operate the wraparound model sites. The contractor shall
provide care coordination and facilitate the delivery of services and other
supports to families using a strength‑based, highly individualized
wraparound process. The request for proposal shall require that:
(a) The ((regional support
network)) behavioral health and recovery organization agree to use
its medicaid revenues to fund services included in the existing ((regional
support network's)) behavioral health and recovery organization's
benefit package that a medicaid- eligible child participating in the wraparound
model site is determined to need;
(b) The contractor provide evidence of commitments from at least the following entities to participate in wraparound care plan development and service provision when appropriate: Community mental health agencies, schools, the department of social and health services children's administration, juvenile courts, the department of social and health services juvenile rehabilitation administration, and managed health care systems contracting with the department under RCW 74.09.522; and
(c) The contractor will operate the wraparound model site in a manner that maintains fidelity to the wraparound process as defined in RCW 71.36.010.
(4) Contracts for operation of the wraparound model sites shall be executed on or before April 1, 2008, with enrollment and service delivery beginning on or before July 1, 2008.
(5) The evidence‑based practice institute established in RCW 71.24.061 shall evaluate the wraparound model sites, measuring outcomes for children served. Outcomes measured shall include, but are not limited to: Decreased out-of-home placement, including residential, group, and foster care, and increased stability of such placements, school attendance, school performance, recidivism, emergency room utilization, involvement with the juvenile justice system, decreased use of psychotropic medication, and decreased hospitalization.
(6) The evidence-based practice institute shall provide a report and recommendations to the appropriate committees of the legislature by December 1, 2010.
Sec. 130. RCW 71.24.240 and 2005 c 503 s 10 are each amended to read as follows:
In order to establish eligibility
for funding under this chapter, any ((regional support network)) behavioral
health and recovery organization seeking to obtain federal funds for the
support of any aspect of a community mental health program as defined in this
chapter shall submit program plans to the secretary for prior review and
approval before such plans are submitted to any federal agency.
Sec. 131. RCW 71.24.320 and 2008 c 261 s 5 are each amended to read as follows:
(1) If an existing ((regional
support network)) behavioral health and recovery organization
chooses not to respond to a request for ((qualifications)) a detailed
plan, or is unable to substantially meet the requirements of a request for
((qualifications)) a detailed plan, or notifies the department of
social and health services it will no longer serve as a ((regional support
network)) behavioral health and recovery organization, the
department shall utilize a procurement process in which other entities
recognized by the secretary may bid to serve as the ((regional support
network)) behavioral health and recovery organization.
(a) The request for proposal shall include a scoring factor for proposals that include additional financial resources beyond that provided by state appropriation or allocation.
(b) The department shall provide detailed briefings to all bidders in accordance with department and state procurement policies.
(c) The request for proposal shall also include a scoring factor for proposals submitted by nonprofit entities that include a component to maximize the utilization of state provided resources and the leverage of other funds for the support of mental health services to persons with mental illness.
(2) A ((regional support network))
behavioral health and recovery organization that voluntarily terminates,
refuses to renew, or refuses to sign a mandatory amendment to its contract to
act as a ((regional support network)) behavioral health and recovery
organization is prohibited from responding to a procurement under this
section or serving as a ((regional support network)) behavioral
health and recovery organization for five years from the date that the
department signs a contract with the entity that will serve as the ((regional
support network)) behavioral health and recovery organization.
Sec. 132. RCW 71.24.330 and 2013 c 320 s 9 are each amended to read as follows:
(1)(a) Contracts between a ((regional
support network)) behavioral health and recovery organization and
the department shall include mechanisms for monitoring performance under the
contract and remedies for failure to substantially comply with the requirements
of the contract including, but not limited to, financial penalties, termination
of the contract, and reprocurement of the contract.
(b) The department shall
incorporate the criteria to measure the performance of service coordination
organizations into contracts with ((regional support networks)) behavioral
health and recovery organizations as provided in chapter 70.320 RCW.
(2) The ((regional support
network)) behavioral health and recovery organization procurement
processes shall encourage the preservation of infrastructure previously
purchased by the community mental health service delivery system, the
maintenance of linkages between other services and delivery systems, and
maximization of the use of available funds for services versus profits.
However, a ((regional support network)) behavioral health and
recovery organization selected through the procurement process is not
required to contract for services with any county‑owned or operated
facility. The ((regional support network)) behavioral health and
recovery organization procurement process shall provide that public funds
appropriated by the legislature shall not be used to promote or deter,
encourage, or discourage employees from exercising their rights under Title 29,
chapter 7, subchapter II, United States Code or chapter 41.56 RCW.
(3) In addition to the requirements of RCW 71.24.035, contracts shall:
(a) Define administrative costs and
ensure that the ((regional support network)) behavioral health and
recovery organization does not exceed an administrative cost of ten percent
of available funds;
(b) Require effective collaboration with law enforcement, criminal justice agencies, and the chemical dependency treatment system;
(c) Require substantial implementation of department adopted integrated screening and assessment process and matrix of best practices;
(d) Maintain the decision-making independence of designated mental health professionals;
(e) Except at the discretion of the
secretary or as specified in the biennial budget, require ((regional support
networks)) behavioral health and recovery organizations to pay the
state for the costs associated with individuals who are being served on the
grounds of the state hospitals and who are not receiving long-term inpatient
care as defined in RCW 71.24.025;
(f) Include a negotiated alternative dispute resolution clause; and
(g) Include a provision requiring
either party to provide one hundred eighty days' notice of any issue that may
cause either party to voluntarily terminate, refuse to renew, or refuse to sign
a mandatory amendment to the contract to act as a ((regional support network))
behavioral health and recovery organization. If either party decides to
voluntarily terminate, refuse to renew, or refuse to sign a mandatory amendment
to the contract to serve as a ((regional support network)) behavioral
health and recovery organization they shall provide ninety days' advance
notice in writing to the other party.
Sec. 133. RCW 71.24.360 and 2012 c 91 s 1 are each amended to read as follows:
(1) The department may establish
new ((regional support network)) behavioral health and recovery
organization boundaries in any part of the state:
(a) Where more than one ((network))
organization chooses not to respond to, or is unable to substantially
meet the requirements of, the request for ((qualifications)) a
detailed plan under RCW 71.24.320;
(b) Where a ((regional support
network)) behavioral health and recovery organization is subject to
reprocurement under RCW 71.24.330; or
(c) Where two or more ((regional
support networks)) behavioral health and recovery organizations
propose to reconfigure themselves to achieve consolidation, in which case the
procurement process described in RCW 71.24.320 and 71.24.330(2) does not apply.
(2) The department may establish no
fewer than six and no more than fourteen ((regional support networks)) behavioral
health and recovery organizations under this chapter. No entity shall be
responsible for more than three ((regional support networks)) behavioral
health and recovery organizations.
Sec. 134. RCW 71.24.405 and 2001 c 323 s 19 are each amended to read as follows:
The department shall establish a
comprehensive and collaborative effort within ((regional support networks))
behavioral health and recovery organizations and with local mental
health service providers aimed at creating innovative and streamlined community
mental health service delivery systems, in order to carry out the purposes set
forth in RCW 71.24.400 and to capture the diversity of the community mental
health service delivery system.
The department must accomplish the following:
(1) Identification, review, and cataloging of all rules, regulations, duplicative administrative and monitoring functions, and other requirements that currently lead to inefficiencies in the community mental health service delivery system and, if possible, eliminate the requirements;
(2) The systematic and incremental development of a single system of accountability for all federal, state, and local funds provided to the community mental health service delivery system. Systematic efforts should be made to include federal and local funds into the single system of accountability;
(3) The elimination of process
regulations and related contract and reporting requirements. In place of the
regulations and requirements, a set of outcomes for mental health adult and
children clients according to chapter 71.24 RCW must be used to measure the
performance of mental health service providers and ((regional support
networks)) behavioral health and recovery organizations. Such
outcomes shall focus on stabilizing out-of-home and hospital care, increasing
stable community living, increasing age-appropriate activities, achieving
family and consumer satisfaction with services, and system efficiencies;
(4) Evaluation of the feasibility
of contractual agreements between the department of social and health services
and ((regional support networks)) behavioral health and recovery
organizations and mental health service providers that link financial
incentives to the success or failure of mental health service providers and ((regional
support networks)) behavioral health and recovery organizations to
meet outcomes established for mental health service clients;
(5) The involvement of mental health consumers and their representatives. Mental health consumers and their representatives will be involved in the development of outcome standards for mental health clients under section 5 of this act; and
(6) An independent evaluation component to measure the success of the department in fully implementing the provisions of RCW 71.24.400 and this section.
Sec. 135. RCW 71.24.430 and 2001 c 323 s 3 are each amended to read as follows:
(1) The department shall ensure the
coordination of allied services for mental health clients. The department
shall implement strategies for resolving organizational, regulatory, and
funding issues at all levels of the system, including the state, the ((regional
support networks)) behavioral health and recovery organizations, and
local service providers.
(2) The department shall propose, in operating budget requests, transfers of funding among programs to support collaborative service delivery to persons who require services from multiple department programs. The department shall report annually to the appropriate committees of the senate and house of representatives on actions and projects it has taken to promote collaborative service delivery.
Sec. 136. RCW 74.09.522 and 2013 2nd sp.s. c 17 s 13 are each amended to read as follows:
(1) For the purposes of this section:
(a) "Managed health care system" means any health care organization, including health care providers, insurers, health care service contractors, health maintenance organizations, health insuring organizations, or any combination thereof, that provides directly or by contract health care services covered under this chapter and rendered by licensed providers, on a prepaid capitated basis and that meets the requirements of section 1903(m)(1)(A) of Title XIX of the federal social security act or federal demonstration waivers granted under section 1115(a) of Title XI of the federal social security act;
(b) "Nonparticipating provider" means a person, health care provider, practitioner, facility, or entity, acting within their scope of practice, that does not have a written contract to participate in a managed health care system's provider network, but provides health care services to enrollees of programs authorized under this chapter whose health care services are provided by the managed health care system.
(2) The authority shall enter into agreements with managed health care systems to provide health care services to recipients of temporary assistance for needy families under the following conditions:
(a) Agreements shall be made for at least thirty thousand recipients statewide;
(b) Agreements in at least one county shall include enrollment of all recipients of temporary assistance for needy families;
(c) To the extent that this provision is consistent with section 1903(m) of Title XIX of the federal social security act or federal demonstration waivers granted under section 1115(a) of Title XI of the federal social security act, recipients shall have a choice of systems in which to enroll and shall have the right to terminate their enrollment in a system: PROVIDED, That the authority may limit recipient termination of enrollment without cause to the first month of a period of enrollment, which period shall not exceed twelve months: AND PROVIDED FURTHER, That the authority shall not restrict a recipient's right to terminate enrollment in a system for good cause as established by the authority by rule;
(d) To the extent that this provision is consistent with section 1903(m) of Title XIX of the federal social security act, participating managed health care systems shall not enroll a disproportionate number of medical assistance recipients within the total numbers of persons served by the managed health care systems, except as authorized by the authority under federal demonstration waivers granted under section 1115(a) of Title XI of the federal social security act;
(e)(i) In negotiating with managed health care systems the authority shall adopt a uniform procedure to enter into contractual arrangements, to be included in contracts issued or renewed on or after January 1, 2015, including:
(A) Standards regarding the quality of services to be provided;
(B) The financial integrity of the responding system;
(C) Provider reimbursement methods that incentivize chronic care management within health homes, including comprehensive medication management services for patients with multiple chronic conditions consistent with the findings and goals established in RCW 74.09.5223;
(D) Provider reimbursement methods that reward health homes that, by using chronic care management, reduce emergency department and inpatient use;
(E) Promoting provider participation in the program of training and technical assistance regarding care of people with chronic conditions described in RCW 43.70.533, including allocation of funds to support provider participation in the training, unless the managed care system is an integrated health delivery system that has programs in place for chronic care management;
(F) Provider reimbursement methods
within the medical billing processes that incentivize pharmacists or other
qualified providers licensed in Washington state to provide comprehensive
medication management services consistent with the findings and goals
established in RCW 74.09.5223; ((and))
(G) Evaluation and reporting on the
impact of comprehensive medication management services on patient clinical
outcomes and total health care costs, including reductions in emergency
department utilization, hospitalization, and drug costs; and
(H) Established consistent processes to incentivize
integration of behavioral health services in the primary care setting,
promoting care that is integrated, collaborative, colocated, and preventive.
(ii)(A) Health home services contracted for under this subsection may be prioritized to enrollees with complex, high cost, or multiple chronic conditions.
(B) Contracts that include the items in (e)(i)(C) through (G) of this subsection must not exceed the rates that would be paid in the absence of these provisions;
(f) The authority shall seek waivers from federal requirements as necessary to implement this chapter;
(g) The authority shall, wherever possible, enter into prepaid capitation contracts that include inpatient care. However, if this is not possible or feasible, the authority may enter into prepaid capitation contracts that do not include inpatient care;
(h) The authority shall define those circumstances under which a managed health care system is responsible for out-of-plan services and assure that recipients shall not be charged for such services;
(i) Nothing in this section prevents the authority from entering into similar agreements for other groups of people eligible to receive services under this chapter; and
(j) The authority must consult with the federal center for medicare and medicaid innovation and seek funding opportunities to support health homes.
(3) The authority shall ensure that publicly supported community health centers and providers in rural areas, who show serious intent and apparent capability to participate as managed health care systems are seriously considered as contractors. The authority shall coordinate its managed care activities with activities under chapter 70.47 RCW.
(4) The authority shall work jointly with the state of Oregon and other states in this geographical region in order to develop recommendations to be presented to the appropriate federal agencies and the United States congress for improving health care of the poor, while controlling related costs.
(5) The legislature finds that competition in the managed health care marketplace is enhanced, in the long term, by the existence of a large number of managed health care system options for medicaid clients. In a managed care delivery system, whose goal is to focus on prevention, primary care, and improved enrollee health status, continuity in care relationships is of substantial importance, and disruption to clients and health care providers should be minimized. To help ensure these goals are met, the following principles shall guide the authority in its healthy options managed health care purchasing efforts:
(a) All managed health care systems should have an opportunity to contract with the authority to the extent that minimum contracting requirements defined by the authority are met, at payment rates that enable the authority to operate as far below appropriated spending levels as possible, consistent with the principles established in this section.
(b) Managed health care systems should compete for the award of contracts and assignment of medicaid beneficiaries who do not voluntarily select a contracting system, based upon:
(i) Demonstrated commitment to or experience in serving low-income populations;
(ii) Quality of services provided to enrollees;
(iii) Accessibility, including appropriate utilization, of services offered to enrollees;
(iv) Demonstrated capability to perform contracted services, including ability to supply an adequate provider network;
(v) Payment rates; and
(vi) The ability to meet other specifically defined contract requirements established by the authority, including consideration of past and current performance and participation in other state or federal health programs as a contractor.
(c) Consideration should be given to using multiple year contracting periods.
(d) Quality, accessibility, and demonstrated commitment to serving low-income populations shall be given significant weight in the contracting, evaluation, and assignment process.
(e) All contractors that are regulated health carriers must meet state minimum net worth requirements as defined in applicable state laws. The authority shall adopt rules establishing the minimum net worth requirements for contractors that are not regulated health carriers. This subsection does not limit the authority of the Washington state health care authority to take action under a contract upon finding that a contractor's financial status seriously jeopardizes the contractor's ability to meet its contract obligations.
(f) Procedures for resolution of disputes between the authority and contract bidders or the authority and contracting carriers related to the award of, or failure to award, a managed care contract must be clearly set out in the procurement document.
(6) The authority may apply the principles set forth in subsection (5) of this section to its managed health care purchasing efforts on behalf of clients receiving supplemental security income benefits to the extent appropriate.
(7) By April 1, 2016, any
contract with a managed health care system to provide services to medical
assistance enrollees shall require that managed health care systems offer
contracts to behavioral health and recovery organizations, mental health
providers, or chemical dependency treatment providers to provide access to
primary care services integrated into behavioral health clinical settings, for
individuals with behavioral health and medical comorbidities.
(8) Managed health care system contracts effective on or
after April 1, 2016, shall serve geographic areas that correspond to the
regional service areas established in section 2 of this act.
(9) A managed health care system shall pay a
nonparticipating provider that provides a service covered under this chapter to
the system's enrollee no more than the lowest amount paid for that service
under the managed health care system's contracts with similar providers in the
state.
(((8))) (10) For
services covered under this chapter to medical assistance or medical care
services enrollees and provided on or after August 24, 2011, nonparticipating
providers must accept as payment in full the amount paid by the managed health
care system under subsection (7) of this section in addition to any deductible,
coinsurance, or copayment that is due from the enrollee for the service
provided. An enrollee is not liable to any nonparticipating provider for
covered services, except for amounts due for any deductible, coinsurance, or
copayment under the terms and conditions set forth in the managed health care
system contract to provide services under this section.
(((9))) (11) Pursuant
to federal managed care access standards, 42 C.F.R. Sec. 438, managed health
care systems must maintain a network of appropriate providers that is supported
by written agreements sufficient to provide adequate access to all services
covered under the contract with the authority, including hospital-based
physician services. The authority will monitor and periodically report on the
proportion of services provided by contracted providers and nonparticipating
providers, by county, for each managed health care system to ensure that
managed health care systems are meeting network adequacy requirements. No
later than January 1st of each year, the authority will review and report its
findings to the appropriate policy and fiscal committees of the legislature for
the preceding state fiscal year.
(((10))) (12)
Payments under RCW 74.60.130 are exempt from this section.
(((11))) (13)
Subsections (((7))) (9) through (((9))) (11) of
this section expire July 1, 2016.
Sec. 137. RCW 9.41.280 and 2009 c 453 s 1 are each amended to read as follows:
(1) It is unlawful for a person to carry onto, or to possess on, public or private elementary or secondary school premises, school- provided transportation, or areas of facilities while being used exclusively by public or private schools:
(a) Any firearm;
(b) Any other dangerous weapon as defined in RCW 9.41.250;
(c) Any device commonly known as "nun-chu-ka sticks", consisting of two or more lengths of wood, metal, plastic, or similar substance connected with wire, rope, or other means;
(d) Any device, commonly known as "throwing stars", which are multi-pointed, metal objects designed to embed upon impact from any aspect;
(e) Any air gun, including any air pistol or air rifle, designed to propel a BB, pellet, or other projectile by the discharge of compressed air, carbon dioxide, or other gas; or
(f)(i) Any portable device manufactured to function as a weapon and which is commonly known as a stun gun, including a projectile stun gun which projects wired probes that are attached to the device that emit an electrical charge designed to administer to a person or an animal an electric shock, charge, or impulse; or
(ii) Any device, object, or instrument which is used or intended to be used as a weapon with the intent to injure a person by an electric shock, charge, or impulse.
(2) Any such person violating subsection (1) of this section is guilty of a gross misdemeanor. If any person is convicted of a violation of subsection (1)(a) of this section, the person shall have his or her concealed pistol license, if any revoked for a period of three years. Anyone convicted under this subsection is prohibited from applying for a concealed pistol license for a period of three years. The court shall send notice of the revocation to the department of licensing, and the city, town, or county which issued the license.
Any violation of subsection (1) of this section by elementary or secondary school students constitutes grounds for expulsion from the state's public schools in accordance with RCW 28A.600.010. An appropriate school authority shall promptly notify law enforcement and the student's parent or guardian regarding any allegation or indication of such violation.
Upon the arrest of a person at least twelve years of age and not more than twenty-one years of age for violating subsection (1)(a) of this section, the person shall be detained or confined in a juvenile or adult facility for up to seventy-two hours. The person shall not be released within the seventy-two hours until after the person has been examined and evaluated by the designated mental health professional unless the court in its discretion releases the person sooner after a determination regarding probable cause or on probation bond or bail.
Within twenty-four hours of the arrest, the arresting law enforcement agency shall refer the person to the designated mental health professional for examination and evaluation under chapter 71.05 or 71.34 RCW and inform a parent or guardian of the person of the arrest, detention, and examination. The designated mental health professional shall examine and evaluate the person subject to the provisions of chapter 71.05 or 71.34 RCW. The examination shall occur at the facility in which the person is detained or confined. If the person has been released on probation, bond, or bail, the examination shall occur wherever is appropriate.
The designated mental health professional may determine whether to refer the person to the county-designated chemical dependency specialist for examination and evaluation in accordance with chapter 70.96A RCW. The county-designated chemical dependency specialist shall examine the person subject to the provisions of chapter 70.96A RCW. The examination shall occur at the facility in which the person is detained or confined. If the person has been released on probation, bond, or bail, the examination shall occur wherever is appropriate.
Upon completion of any examination by the designated mental health professional or the county-designated chemical dependency specialist, the results of the examination shall be sent to the court, and the court shall consider those results in making any determination about the person.
The designated mental health professional and county-designated chemical dependency specialist shall, to the extent permitted by law, notify a parent or guardian of the person that an examination and evaluation has taken place and the results of the examination. Nothing in this subsection prohibits the delivery of additional, appropriate mental health examinations to the person while the person is detained or confined.
If the designated mental health
professional determines it is appropriate, the designated mental health
professional may refer the person to the local ((regional support network))
behavioral and recovery health organization for follow-up services or
the department of social and health services or other community providers for
other services to the family and individual.
(3) Subsection (1) of this section does not apply to:
(a) Any student or employee of a private military academy when on the property of the academy;
(b) Any person engaged in military, law enforcement, or school district security activities. However, a person who is not a commissioned law enforcement officer and who provides school security services under the direction of a school administrator may not possess a device listed in subsection (1)(f) of this section unless he or she has successfully completed training in the use of such devices that is equivalent to the training received by commissioned law enforcement officers;
(c) Any person who is involved in a convention, showing, demonstration, lecture, or firearms safety course authorized by school authorities in which the firearms of collectors or instructors are handled or displayed;
(d) Any person while the person is participating in a firearms or air gun competition approved by the school or school district;
(e) Any person in possession of a pistol who has been issued a license under RCW 9.41.070, or is exempt from the licensing requirement by RCW 9.41.060, while picking up or dropping off a student;
(f) Any nonstudent at least eighteen years of age legally in possession of a firearm or dangerous weapon that is secured within an attended vehicle or concealed from view within a locked unattended vehicle while conducting legitimate business at the school;
(g) Any nonstudent at least eighteen years of age who is in lawful possession of an unloaded firearm, secured in a vehicle while conducting legitimate business at the school; or
(h) Any law enforcement officer of the federal, state, or local government agency.
(4) Subsections (1)(c) and (d) of this section do not apply to any person who possesses nun-chu-ka sticks, throwing stars, or other dangerous weapons to be used in martial arts classes authorized to be conducted on the school premises.
(5) Subsection (1)(f)(i) of this section does not apply to any person who possesses a device listed in subsection (1)(f)(i) of this section, if the device is possessed and used solely for the purpose approved by a school for use in a school authorized event, lecture, or activity conducted on the school premises.
(6) Except as provided in subsection (3)(b), (c), (f), and (h) of this section, firearms are not permitted in a public or private school building.
(7) "GUN-FREE ZONE" signs shall be posted around school facilities giving warning of the prohibition of the possession of firearms on school grounds.
Sec. 138. RCW 10.31.110 and 2011 c 305 s 7 and 2011 c 148 s 3 are each reenacted and amended to read as follows:
(1) When a police officer has
reasonable cause to believe that the individual has committed acts constituting
a nonfelony crime that is not a serious offense as identified in RCW 10.77.092
and the individual is known by history or consultation with the ((regional
support network)) behavioral health and recovery organization to
suffer from a mental disorder, the arresting officer may:
(a) Take the individual to a crisis stabilization unit as defined in RCW 71.05.020(6). Individuals delivered to a crisis stabilization unit pursuant to this section may be held by the facility for a period of up to twelve hours. The individual must be examined by a mental health professional within three hours of arrival;
(b) Take the individual to a triage facility as defined in RCW 71.05.020. An individual delivered to a triage facility which has elected to operate as an involuntary facility may be held up to a period of twelve hours. The individual must be examined by a mental health professional within three hours of arrival;
(c) Refer the individual to a mental health professional for evaluation for initial detention and proceeding under chapter 71.05 RCW; or
(d) Release the individual upon agreement to voluntary participation in outpatient treatment.
(2) If the individual is released to the community, the mental health provider shall inform the arresting officer of the release within a reasonable period of time after the release if the arresting officer has specifically requested notification and provided contact information to the provider.
(3) In deciding whether to refer the individual to treatment under this section, the police officer shall be guided by standards mutually agreed upon with the prosecuting authority, which address, at a minimum, the length, seriousness, and recency of the known criminal history of the individual, the mental health history of the individual, where available, and the circumstances surrounding the commission of the alleged offense.
(4) Any agreement to participate in treatment shall not require individuals to stipulate to any of the alleged facts regarding the criminal activity as a prerequisite to participation in a mental health treatment alternative. The agreement is inadmissible in any criminal or civil proceeding. The agreement does not create immunity from prosecution for the alleged criminal activity.
(5) If an individual violates such agreement and the mental health treatment alternative is no longer appropriate:
(a) The mental health provider shall inform the referring law enforcement agency of the violation; and
(b) The original charges may be filed or referred to the prosecutor, as appropriate, and the matter may proceed accordingly.
(6) The police officer is immune from liability for any good faith conduct under this section.
Sec. 139. RCW 10.77.010 and 2011 c 89 s 4 are each amended to read as follows:
As used in this chapter:
(1) "Admission" means acceptance based on medical necessity, of a person as a patient.
(2) "Commitment" means the determination by a court that a person should be detained for a period of either evaluation or treatment, or both, in an inpatient or a less-restrictive setting.
(3) "Conditional release" means modification of a court-ordered commitment, which may be revoked upon violation of any of its terms.
(4) A "criminally insane" person means any person who has been acquitted of a crime charged by reason of insanity, and thereupon found to be a substantial danger to other persons or to present a substantial likelihood of committing criminal acts jeopardizing public safety or security unless kept under further control by the court or other persons or institutions.
(5) "Department" means the state department of social and health services.
(6) "Designated mental health professional" has the same meaning as provided in RCW 71.05.020.
(7) "Detention" or "detain" means the lawful confinement of a person, under the provisions of this chapter, pending evaluation.
(8) "Developmental disabilities professional" means a person who has specialized training and three years of experience in directly treating or working with persons with developmental disabilities and is a psychiatrist or psychologist, or a social worker, and such other developmental disabilities professionals as may be defined by rules adopted by the secretary.
(9) "Developmental
disability" means the condition as defined in RCW 71A.10.020(((3)))(4).
(10) "Discharge" means the termination of hospital medical authority. The commitment may remain in place, be terminated, or be amended by court order.
(11) "Furlough" means an authorized leave of absence for a resident of a state institution operated by the department designated for the custody, care, and treatment of the criminally insane, consistent with an order of conditional release from the court under this chapter, without any requirement that the resident be accompanied by, or be in the custody of, any law enforcement or institutional staff, while on such unescorted leave.
(12) "Habilitative services" means those services provided by program personnel to assist persons in acquiring and maintaining life skills and in raising their levels of physical, mental, social, and vocational functioning. Habilitative services include education, training for employment, and therapy. The habilitative process shall be undertaken with recognition of the risk to the public safety presented by the person being assisted as manifested by prior charged criminal conduct.
(13) "History of one or more violent acts" means violent acts committed during: (a) The ten-year period of time prior to the filing of criminal charges; plus (b) the amount of time equal to time spent during the ten-year period in a mental health facility or in confinement as a result of a criminal conviction.
(14) "Immediate family member" means a spouse, child, stepchild, parent, stepparent, grandparent, sibling, or domestic partner.
(15) "Incompetency" means a person lacks the capacity to understand the nature of the proceedings against him or her or to assist in his or her own defense as a result of mental disease or defect.
(16) "Indigent" means any person who is financially unable to obtain counsel or other necessary expert or professional services without causing substantial hardship to the person or his or her family.
(17) "Individualized service plan" means a plan prepared by a developmental disabilities professional with other professionals as a team, for an individual with developmental disabilities, which shall state:
(a) The nature of the person's specific problems, prior charged criminal behavior, and habilitation needs;
(b) The conditions and strategies necessary to achieve the purposes of habilitation;
(c) The intermediate and long-range goals of the habilitation program, with a projected timetable for the attainment;
(d) The rationale for using this plan of habilitation to achieve those intermediate and long-range goals;
(e) The staff responsible for carrying out the plan;
(f) Where relevant in light of past criminal behavior and due consideration for public safety, the criteria for proposed movement to less-restrictive settings, criteria for proposed eventual release, and a projected possible date for release; and
(g) The type of residence immediately anticipated for the person and possible future types of residences.
(18) "Professional person" means:
(a) A psychiatrist licensed as a physician and surgeon in this state who has, in addition, completed three years of graduate training in psychiatry in a program approved by the American medical association or the American osteopathic association and is certified or eligible to be certified by the American board of psychiatry and neurology or the American osteopathic board of neurology and psychiatry;
(b) A psychologist licensed as a psychologist pursuant to chapter 18.83 RCW; or
(c) A social worker with a master's or further advanced degree from a social work educational program accredited and approved as provided in RCW 18.320.010.
(19) "Registration
records" include all the records of the department, ((regional support
networks)) behavioral health and recovery organizations, treatment
facilities, and other persons providing services to the department, county
departments, or facilities which identify persons who are receiving or who at
any time have received services for mental illness.
(20) "Release" means legal termination of the court-ordered commitment under the provisions of this chapter.
(21) "Secretary" means the secretary of the department of social and health services or his or her designee.
(22) "Treatment" means any currently standardized medical or mental health procedure including medication.
(23) "Treatment records"
include registration and all other records concerning persons who are receiving
or who at any time have received services for mental illness, which are
maintained by the department, by ((regional support networks)) behavioral
health and recovery organizations and their staffs, and by treatment
facilities. Treatment records do not include notes or records maintained for
personal use by a person providing treatment services for the department, ((regional
support networks)) behavioral health and recovery organizations, or
a treatment facility if the notes or records are not available to others.
(24) "Violent act" means behavior that: (a)(i) Resulted in; (ii) if completed as intended would have resulted in; or (iii) was threatened to be carried out by a person who had the intent and opportunity to carry out the threat and would have resulted in, homicide, nonfatal injuries, or substantial damage to property; or (b) recklessly creates an immediate risk of serious physical injury to another person. As used in this subsection, "nonfatal injuries" means physical pain or injury, illness, or an impairment of physical condition. "Nonfatal injuries" shall be construed to be consistent with the definition of "bodily injury," as defined in RCW 9A.04.110.
Sec. 140. RCW 10.77.065 and 2013 c 214 s 1 are each amended to read as follows:
(1)(a)(i) The expert conducting the evaluation shall provide his or her report and recommendation to the court in which the criminal proceeding is pending. For a competency evaluation of a defendant who is released from custody, if the evaluation cannot be completed within twenty‑one days due to a lack of cooperation by the defendant, the evaluator shall notify the court that he or she is unable to complete the evaluation because of such lack of cooperation.
(ii) A copy of the report and recommendation shall be provided to the designated mental health professional, the prosecuting attorney, the defense attorney, and the professional person at the local correctional facility where the defendant is being held, or if there is no professional person, to the person designated under (a)(iv) of this subsection. Upon request, the evaluator shall also provide copies of any source documents relevant to the evaluation to the designated mental health professional.
(iii) Any facility providing inpatient services related to competency shall discharge the defendant as soon as the facility determines that the defendant is competent to stand trial. Discharge shall not be postponed during the writing and distribution of the evaluation report. Distribution of an evaluation report by a facility providing inpatient services shall ordinarily be accomplished within two working days or less following the final evaluation of the defendant. If the defendant is discharged to the custody of a local correctional facility, the local correctional facility must continue the medication regimen prescribed by the facility, when clinically appropriate, unless the defendant refuses to cooperate with medication.
(iv) If there is no professional
person at the local correctional facility, the local correctional facility
shall designate a professional person as defined in RCW 71.05.020 or, in
cooperation with the ((regional support network)) behavioral health
and recovery organization, a professional person at the ((regional
support network)) behavioral health and recovery organization to
receive the report and recommendation.
(v) Upon commencement of a defendant's evaluation in the local correctional facility, the local correctional facility must notify the evaluator of the name of the professional person, or person designated under (a)(iv) of this subsection, to receive the report and recommendation.
(b) If the evaluator concludes, under RCW 10.77.060(3)(f), the person should be evaluated by a designated mental health professional under chapter 71.05 RCW, the court shall order such evaluation be conducted prior to release from confinement when the person is acquitted or convicted and sentenced to confinement for twenty-four months or less, or when charges are dismissed pursuant to a finding of incompetent to stand trial.
(2) The designated mental health professional shall provide written notification within twenty-four hours of the results of the determination whether to commence proceedings under chapter 71.05 RCW. The notification shall be provided to the persons identified in subsection (1)(a) of this section.
(3) The prosecuting attorney shall provide a copy of the results of any proceedings commenced by the designated mental health professional under subsection (2) of this section to the secretary.
(4) A facility conducting a civil commitment evaluation under RCW 10.77.086(4) or 10.77.088(1)(b)(ii) that makes a determination to release the person instead of filing a civil commitment petition must provide written notice to the prosecutor and defense attorney at least twenty-four hours prior to release. The notice may be given by electronic mail, facsimile, or other means reasonably likely to communicate the information immediately.
(5) The fact of admission and all information and records compiled, obtained, or maintained in the course of providing services under this chapter may also be disclosed to the courts solely to prevent the entry of any evaluation or treatment order that is inconsistent with any order entered under chapter 71.05 RCW.
Sec. 141. RCW 28A.310.202 and 2007 c 359 s 9 are each amended to read as follows:
Educational service district boards
may partner with ((regional support networks)) behavioral health and
recovery organizations to respond to a request for proposal for operation
of a wraparound model site under chapter 359, Laws of 2007 and, if selected,
may contract for the provision of services to coordinate care and facilitate
the delivery of services and other supports under a wraparound model.
Sec. 142. RCW 43.185.060 and 1994 c 160 s 2 are each amended to read as follows:
Organizations that may receive
assistance from the department under this chapter are local governments, local
housing authorities, ((regional support networks)) behavioral health
and recovery organizations established under chapter 71.24 RCW, nonprofit
community or neighborhood-based organizations, federally recognized Indian
tribes in the state of Washington, and regional or statewide nonprofit housing
assistance organizations.
Eligibility for assistance from the department under this chapter also requires compliance with the revenue and taxation laws, as applicable to the recipient, at the time the grant is made.
Sec. 143. RCW 43.185.070 and 2013 c 145 s 3 are each amended to read as follows:
(1) During each calendar year in which funds from the housing trust fund or other legislative appropriations are available for use by the department for the housing assistance program, the department must announce to all known interested parties, and through major media throughout the state, a grant and loan application period of at least ninety days' duration. This announcement must be made as often as the director deems appropriate for proper utilization of resources. The department must then promptly grant as many applications as will utilize available funds less appropriate administrative costs of the department as provided in RCW 43.185.050.
(2) In awarding funds under this chapter, the department must:
(a) Provide for a geographic distribution on a statewide basis; and
(b) Until June 30, 2013, consider the total cost and per-unit cost of each project for which an application is submitted for funding under RCW 43.185.050(2) (a) and (j), as compared to similar housing projects constructed or renovated within the same geographic area.
(3) The department, with advice and input from the affordable housing advisory board established in RCW 43.185B.020, or a subcommittee of the affordable housing advisory board, must report recommendations for awarding funds in a cost-effective manner. The report must include an implementation plan, timeline, and any other items the department identifies as important to consider to the legislature by December 1, 2012.
(4) The department must give first priority to applications for projects and activities which utilize existing privately owned housing stock including privately owned housing stock purchased by nonprofit public development authorities and public housing authorities as created in chapter 35.82 RCW. As used in this subsection, privately owned housing stock includes housing that is acquired by a federal agency through a default on the mortgage by the private owner. Such projects and activities must be evaluated under subsection (5) of this section. Second priority must be given to activities and projects which utilize existing publicly owned housing stock. All projects and activities must be evaluated by some or all of the criteria under subsection (5) of this section, and similar projects and activities shall be evaluated under the same criteria.
(5) The department must give preference for applications based on some or all of the criteria under this subsection, and similar projects and activities must be evaluated under the same criteria:
(a) The degree of leveraging of other funds that will occur;
(b) The degree of commitment from programs to provide necessary habilitation and support services for projects focusing on special needs populations;
(c) Recipient contributions to total project costs, including allied contributions from other sources such as professional, craft and trade services, and lender interest rate subsidies;
(d) Local government project contributions in the form of infrastructure improvements, and others;
(e) Projects that encourage ownership, management, and other project-related responsibility opportunities;
(f) Projects that demonstrate a strong probability of serving the original target group or income level for a period of at least twenty- five years;
(g) The applicant has the demonstrated ability, stability and resources to implement the project;
(h) Projects which demonstrate serving the greatest need;
(i) Projects that provide housing for persons and families with the lowest incomes;
(j) Projects serving special needs populations which are under statutory mandate to develop community housing;
(k) Project location and access to employment centers in the region or area;
(l) Projects that provide employment and training opportunities for disadvantaged youth under a youthbuild or youthbuild-type program as defined in RCW 50.72.020; and
(m) Project location and access to available public transportation services.
(6) The department may only approve
applications for projects for persons with mental illness that are consistent
with a ((regional support network)) behavioral health and recovery
organization six-year capital and operating plan.
Sec. 144. RCW 43.185.110 and 1993 c 478 s 15 are each amended to read as follows:
The affordable housing advisory
board established in RCW 43.185B.020 shall advise the director on housing
needs in this state, including housing needs for persons ((who are mentally
ill or developmentally disabled)) with mental illness or developmental
disabilities or youth who are blind or deaf or otherwise disabled,
operational aspects of the grant and loan program or revenue collection
programs established by this chapter, and implementation of the policy and
goals of this chapter. Such advice shall be consistent with policies and plans
developed by ((regional support networks)) behavioral health and
recovery organizations according to chapter 71.24 RCW for ((the mentally
ill)) individuals with mental illness and the developmental
disabilities planning council for ((the developmentally disabled)) individuals
with developmental disabilities.
Sec. 145. RCW 43.20A.895 and 2013 c 338 s 2 are each amended to read as follows:
(1) The systems responsible for financing, administration, and delivery of publicly funded mental health and chemical dependency services to adults must be designed and administered to achieve improved outcomes for adult clients served by those systems through increased use and development of evidence-based, research-based, and promising practices, as defined in RCW 71.24.025. For purposes of this section, client outcomes include: Improved health status; increased participation in employment and education; reduced involvement with the criminal justice system; enhanced safety and access to treatment for forensic patients; reduction in avoidable utilization of and costs associated with hospital, emergency room, and crisis services; increased housing stability; improved quality of life, including measures of recovery and resilience; and decreased population level disparities in access to treatment and treatment outcomes.
(2) The department and the health care authority must implement a strategy for the improvement of the adult behavioral health system.
(a) The department must establish a
steering committee that includes at least the following members: Behavioral
health service recipients and their families; local government; representatives
of ((regional support networks)) behavioral health and recovery
organizations; representatives of county coordinators; law enforcement;
city and county jails; tribal representatives; behavioral health service
providers, including at least one chemical dependency provider and at least one
psychiatric advanced registered nurse practitioner; housing providers; medicaid
managed care plan representatives; long- term care service providers;
organizations representing health care professionals providing services in
mental health settings; the Washington state hospital association; the
Washington state medical association; individuals with expertise in
evidence-based and research- based behavioral health service practices; and the
health care authority.
(b) The adult behavioral health system improvement strategy must include:
(i) An assessment of the capacity of the current publicly funded behavioral health services system to provide evidence-based, research- based, and promising practices;
(ii) Identification, development, and increased use of evidence- based, research-based, and promising practices;
(iii) Design and implementation of a transparent quality management system, including analysis of current system capacity to implement outcomes reporting and development of baseline and improvement targets for each outcome measure provided in this section;
(iv) Identification and phased implementation of service delivery, financing, or other strategies that will promote improvement of the behavioral health system as described in this section and incentivize the medical care, behavioral health, and long-term care service delivery systems to achieve the improvements described in this section and collaborate across systems. The strategies must include phased implementation of public reporting of outcome and performance measures in a form that allows for comparison of performance and levels of improvement between geographic regions of Washington; and
(v) Identification of effective methods for promoting workforce capacity, efficiency, stability, diversity, and safety.
(c) The department must seek private foundation and federal grant funding to support the adult behavioral health system improvement strategy.
(d) By May 15, 2014, the Washington state institute for public policy, in consultation with the department, the University of Washington evidence-based practice institute, the University of Washington alcohol and drug abuse institute, and the Washington institute for mental health research and training, shall prepare an inventory of evidence-based, research-based, and promising practices for prevention and intervention services pursuant to subsection (1) of this section. The department shall use the inventory in preparing the behavioral health improvement strategy. The department shall provide the institute with data necessary to complete the inventory.
(e) By August 1, 2014, the department must report to the governor and the relevant fiscal and policy committees of the legislature on the status of implementation of the behavioral health improvement strategy, including strategies developed or implemented to date, timelines, and costs to accomplish phased implementation of the adult behavioral health system improvement strategy.
(3) The department must contract for the services of an independent consultant to review the provision of forensic mental health services in Washington state and provide recommendations as to whether and how the state's forensic mental health system should be modified to provide an appropriate treatment environment for individuals with mental disorders who have been charged with a crime while enhancing the safety and security of the public and other patients and staff at forensic treatment facilities. By August 1, 2014, the department must submit a report regarding the recommendations of the independent consultant to the governor and the relevant fiscal and policy committees of the legislature.
Sec. 146. RCW 43.20A.897 and 2013 c 338 s 7 are each amended to read as follows:
(1) By November 30, 2013, the department and the health care authority must report to the governor and the relevant fiscal and policy committees of the legislature, consistent with RCW 43.01.036, a plan that establishes a tribal-centric behavioral health system incorporating both mental health and chemical dependency services. The plan must assure that child, adult, and older adult American Indians and Alaskan Natives eligible for medicaid have increased access to culturally appropriate mental health and chemical dependency services. The plan must:
(a) Include implementation dates, major milestones, and fiscal estimates as needed;
(b) Emphasize the use of culturally appropriate evidence-based and promising practices;
(c) Address equitable access to crisis services, outpatient care, voluntary and involuntary hospitalization, and behavioral health care coordination;
(d) Identify statutory changes necessary to implement the tribal- centric behavioral health system; and
(e) Be developed with the department's Indian policy advisory committee and the American Indian health commission, in consultation with Washington's federally recognized tribes.
(2) The department shall enter into
agreements with the tribes and urban Indian health programs and modify ((regional
support network)) behavioral health and recovery organization
contracts as necessary to develop a tribal-centric behavioral health system
that better serves the needs of the tribes.
Sec. 147. RCW 43.20C.020 and 2012 c 232 s 3 are each amended to read as follows:
The department of social and health services shall accomplish the following in consultation and collaboration with the Washington state institute for public policy, the evidence-based practice institute at the University of Washington, a university-based child welfare partnership and research entity, other national experts in the delivery of evidence-based services, and organizations representing Washington practitioners:
(1) By September 30, 2012, the Washington state institute for public policy, the University of Washington evidence-based practice institute, in consultation with the department shall publish descriptive definitions of evidence-based, research-based, and promising practices in the areas of child welfare, juvenile rehabilitation, and children's mental health services.
(a) In addition to descriptive definitions, the Washington state institute for public policy and the University of Washington evidence- based practice institute must prepare an inventory of evidence-based, research-based, and promising practices for prevention and intervention services that will be used for the purpose of completing the baseline assessment described in subsection (2) of this section. The inventory shall be periodically updated as more practices are identified.
(b) In identifying evidence-based and research-based services, the Washington state institute for public policy and the University of Washington evidence-based practice institute must:
(i) Consider any available systemic evidence-based assessment of a program's efficacy and cost-effectiveness; and
(ii) Attempt to identify assessments that use valid and reliable evidence.
(c) Using state, federal, or private funds, the department shall prioritize the assessment of promising practices identified in (a) of this subsection with the goal of increasing the number of such practices that meet the standards for evidence-based and research-based practices.
(2) By June 30, 2013, the department and the health care authority shall complete a baseline assessment of utilization of evidence-based and research-based practices in the areas of child welfare, juvenile rehabilitation, and children's mental health services. The assessment must include prevention and intervention services provided through medicaid fee-for-service and healthy options managed care contracts. The assessment shall include estimates of:
(a) The number of children receiving each service;
(b) For juvenile rehabilitation and child welfare services, the total amount of state and federal funds expended on the service;
(c) For children's mental health
services, the number and percentage of encounters using these services that are
provided to children served by ((regional support networks)) behavioral
health and recovery organizations and children receiving mental health
services through medicaid fee-for-service or healthy options;
(d) The relative availability of the service in the various regions of the state; and
(e) To the extent possible, the unmet need for each service.
(3)(a) By December 30, 2013, the department and the health care authority shall report to the governor and to the appropriate fiscal and policy committees of the legislature on recommended strategies, timelines, and costs for increasing the use of evidence-based and research-based practices. The report must distinguish between a reallocation of existing funding to support the recommended strategies and new funding needed to increase the use of the practices.
(b) The department shall provide updated recommendations to the governor and the legislature by December 30, 2014, and by December 30, 2015.
(4)(a) The report required under subsection (3) of this section must include recommendations for the reallocation of resources for evidence-based and research-based practices and substantial increases above the baseline assessment of the use of evidence-based and research-based practices for the 2015-2017 and the 2017-2019 biennia. The recommendations for increases shall be consistent with subsection (2) of this section.
(b) If the department or health care authority anticipates that it will not meet its recommended levels for an upcoming biennium as set forth in its report, it must report to the legislature by November 1st of the year preceding the biennium. The report shall include:
(i) The identified impediments to meeting the recommended levels;
(ii) The current and anticipated performance level; and
(iii) Strategies that will be undertaken to improve performance.
(5) Recommendations made pursuant to subsections (3) and (4) of this section must include strategies to identify programs that are effective with ethnically diverse clients and to consult with tribal governments, experts within ethnically diverse communities, and community organizations that serve diverse communities.
Sec. 148. RCW 43.20C.030 and 2012 c 232 s 4 are each amended to read as follows:
The department of social and health
services, in consultation with a university-based evidence-based practice
institute entity in Washington, the Washington partnership council on juvenile
justice, the child mental health systems of care planning committee, the
children, youth, and family advisory committee, the Washington state racial
disproportionality advisory committee, a university-based child welfare
research entity in Washington state, ((regional support networks)) behavioral
health and recovery organizations, the Washington association of juvenile
court administrators, and the Washington state institute for public policy,
shall:
(1) Develop strategies to use unified and coordinated case plans for children, youth, and their families who are or are likely to be involved in multiple systems within the department;
(2) Use monitoring and quality control procedures designed to measure fidelity with evidence-based and research-based prevention and treatment programs; and
(3) Utilize any existing data reporting and system of quality management processes at the state and local level for monitoring the quality control and fidelity of the implementation of evidence-based and research-based practices.
Sec. 149. RCW 44.28.800 and 1998 c 297 s 61 are each amended to read as follows:
The joint legislative audit and
review committee shall conduct an evaluation of the efficiency and
effectiveness of chapter 297, Laws of 1998 in meeting its stated goals. Such
an evaluation shall include the operation of the state mental hospitals and the
((regional support networks)) behavioral health and recovery
organizations, as well as any other appropriate entity. The joint
legislative audit and review committee shall prepare an interim report of its
findings which shall be delivered to the appropriate legislative committees of
the house of representatives and the senate no later than September 1, 2000.
In addition, the joint legislative audit and review committee shall prepare a
final report of its findings which shall be delivered to the appropriate
legislative committees of the house of representatives and the senate no later
than January 1, 2001.
Sec. 150. RCW 48.01.220 and 1993 c 462 s 104 are each amended to read as follows:
The activities and operations of
mental health ((regional support networks)) behavioral health and
recovery organizations, to the extent they pertain to the operation of a
medical assistance managed care system in accordance with chapters 71.24 and
74.09 RCW, are exempt from the requirements of this title.
Sec. 151. RCW 70.02.010 and 2013 c 200 s 1 are each amended to read as follows:
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Admission" has the same meaning as in RCW 71.05.020.
(2) "Audit" means an assessment, evaluation, determination, or investigation of a health care provider by a person not employed by or affiliated with the provider to determine compliance with:
(a) Statutory, regulatory, fiscal, medical, or scientific standards;
(b) A private or public program of payments to a health care provider; or
(c) Requirements for licensing, accreditation, or certification.
(3) "Commitment" has the same meaning as in RCW 71.05.020.
(4) "Custody" has the same meaning as in RCW 71.05.020.
(5) "Deidentified" means health information that does not identify an individual and with respect to which there is no reasonable basis to believe that the information can be used to identify an individual.
(6) "Department" means the department of social and health services.
(7) "Designated mental health professional" has the same meaning as in RCW 71.05.020 or 71.34.020, as applicable.
(8) "Detention" or "detain" has the same meaning as in RCW 71.05.020.
(9) "Directory information" means information disclosing the presence, and for the purpose of identification, the name, location within a health care facility, and the general health condition of a particular patient who is a patient in a health care facility or who is currently receiving emergency health care in a health care facility.
(10) "Discharge" has the same meaning as in RCW 71.05.020.
(11) "Evaluation and treatment facility" has the same meaning as in RCW 71.05.020 or 71.34.020, as applicable.
(12) "Federal, state, or local law enforcement authorities" means an officer of any agency or authority in the United States, a state, a tribe, a territory, or a political subdivision of a state, a tribe, or a territory who is empowered by law to: (a) Investigate or conduct an official inquiry into a potential criminal violation of law; or (b) prosecute or otherwise conduct a criminal proceeding arising from an alleged violation of law.
(13) "General health condition" means the patient's health status described in terms of "critical," "poor," "fair," "good," "excellent," or terms denoting similar conditions.
(14) "Health care" means any care, service, or procedure provided by a health care provider:
(a) To diagnose, treat, or maintain a patient's physical or mental condition; or
(b) That affects the structure or any function of the human body.
(15) "Health care facility" means a hospital, clinic, nursing home, laboratory, office, or similar place where a health care provider provides health care to patients.
(16) "Health care information" means any information, whether oral or recorded in any form or medium, that identifies or can readily be associated with the identity of a patient and directly relates to the patient's health care, including a patient's deoxyribonucleic acid and identified sequence of chemical base pairs. The term includes any required accounting of disclosures of health care information.
(17) "Health care operations" means any of the following activities of a health care provider, health care facility, or third-party payor to the extent that the activities are related to functions that make an entity a health care provider, a health care facility, or a third-party payor:
(a) Conducting: Quality assessment and improvement activities, including outcomes evaluation and development of clinical guidelines, if the obtaining of generalizable knowledge is not the primary purpose of any studies resulting from such activities; population-based activities relating to improving health or reducing health care costs, protocol development, case management and care coordination, contacting of health care providers and patients with information about treatment alternatives; and related functions that do not include treatment;
(b) Reviewing the competence or qualifications of health care professionals, evaluating practitioner and provider performance and third-party payor performance, conducting training programs in which students, trainees, or practitioners in areas of health care learn under supervision to practice or improve their skills as health care providers, training of nonhealth care professionals, accreditation, certification, licensing, or credentialing activities;
(c) Underwriting, premium rating, and other activities relating to the creation, renewal, or replacement of a contract of health insurance or health benefits, and ceding, securing, or placing a contract for reinsurance of risk relating to claims for health care, including stop- loss insurance and excess of loss insurance, if any applicable legal requirements are met;
(d) Conducting or arranging for medical review, legal services, and auditing functions, including fraud and abuse detection and compliance programs;
(e) Business planning and development, such as conducting cost- management and planning-related analyses related to managing and operating the health care facility or third-party payor, including formulary development and administration, development, or improvement of methods of payment or coverage policies; and
(f) Business management and general administrative activities of the health care facility, health care provider, or third-party payor including, but not limited to:
(i) Management activities relating to implementation of and compliance with the requirements of this chapter;
(ii) Customer service, including the provision of data analyses for policy holders, plan sponsors, or other customers, provided that health care information is not disclosed to such policy holder, plan sponsor, or customer;
(iii) Resolution of internal grievances;
(iv) The sale, transfer, merger, or consolidation of all or part of a health care provider, health care facility, or third-party payor with another health care provider, health care facility, or third-party payor or an entity that following such activity will become a health care provider, health care facility, or third-party payor, and due diligence related to such activity; and
(v) Consistent with applicable legal requirements, creating deidentified health care information or a limited dataset for the benefit of the health care provider, health care facility, or third- party payor.
(18) "Health care provider" means a person who is licensed, certified, registered, or otherwise authorized by the law of this state to provide health care in the ordinary course of business or practice of a profession.
(19) "Human immunodeficiency virus" or "HIV" has the same meaning as in RCW 70.24.017.
(20) "Imminent" has the same meaning as in RCW 71.05.020.
(21) "Information and records related to mental health services" means a type of health care information that relates to all information and records, including mental health treatment records, compiled, obtained, or maintained in the course of providing services by a mental health service agency, as defined in this section. This may include documents of legal proceedings under chapter 71.05, 71.34, or 10.77 RCW, or somatic health care information. For health care information maintained by a hospital as defined in RCW 70.41.020 or a health care facility or health care provider that participates with a hospital in an organized health care arrangement defined under federal law, "information and records related to mental health services" is limited to information and records of services provided by a mental health professional or information and records of services created by a hospital-operated community mental health program as defined in RCW 71.24.025(6).
(22) "Information and records related to sexually transmitted diseases" means a type of health care information that relates to the identity of any person upon whom an HIV antibody test or other sexually transmitted infection test is performed, the results of such tests, and any information relating to diagnosis of or treatment for any confirmed sexually transmitted infections.
(23) "Institutional review board" means any board, committee, or other group formally designated by an institution, or authorized under federal or state law, to review, approve the initiation of, or conduct periodic review of research programs to assure the protection of the rights and welfare of human research subjects.
(24) "Legal counsel" has the same meaning as in RCW 71.05.020.
(25) "Local public health officer" has the same meaning as in RCW 70.24.017.
(26) "Maintain," as related to health care information, means to hold, possess, preserve, retain, store, or control that information.
(27) "Mental health professional" has the same meaning as in RCW 71.05.020.
(28) "Mental health service agency" means a public or private agency that provides services to persons with mental disorders as defined under RCW 71.05.020 or 71.34.020 and receives funding from public sources. This includes evaluation and treatment facilities as defined in RCW 71.34.020, community mental health service delivery systems, or community mental health programs, as defined in RCW 71.24.025, and facilities conducting competency evaluations and restoration under chapter 10.77 RCW.
(29) "Mental health treatment
records" include registration records, as defined in RCW 71.05.020, and
all other records concerning persons who are receiving or who at any time have
received services for mental illness, which are maintained by the department,
by ((regional support networks)) behavioral health and recovery
organizations and their staffs, and by treatment facilities.
"Mental health treatment records" include mental health information
contained in a medical bill including, but not limited to, mental health drugs,
a mental health diagnosis, provider name, and dates of service stemming from a
medical service. "Mental health treatment records" do not include
notes or records maintained for personal use by a person providing treatment
services for the department, ((regional support networks)) behavioral
health and recovery organizations, or a treatment facility if the notes or
records are not available to others.
(30) "Minor" has the same meaning as in RCW 71.34.020.
(31) "Parent" has the same meaning as in RCW 71.34.020.
(32) "Patient" means an individual who receives or has received health care. The term includes a deceased individual who has received health care.
(33) "Payment" means:
(a) The activities undertaken by:
(i) A third-party payor to obtain premiums or to determine or fulfill its responsibility for coverage and provision of benefits by the third-party payor; or
(ii) A health care provider, health care facility, or third-party payor, to obtain or provide reimbursement for the provision of health care; and
(b) The activities in (a) of this subsection that relate to the patient to whom health care is provided and that include, but are not limited to:
(i) Determinations of eligibility or coverage, including coordination of benefits or the determination of cost-sharing amounts, and adjudication or subrogation of health benefit claims;
(ii) Risk adjusting amounts due based on enrollee health status and demographic characteristics;
(iii) Billing, claims management, collection activities, obtaining payment under a contract for reinsurance, including stop-loss insurance and excess of loss insurance, and related health care data processing;
(iv) Review of health care services with respect to medical necessity, coverage under a health plan, appropriateness of care, or justification of charges;
(v) Utilization review activities, including precertification and preauthorization of services, and concurrent and retrospective review of services; and
(vi) Disclosure to consumer reporting agencies of any of the following health care information relating to collection of premiums or reimbursement:
(A) Name and address;
(B) Date of birth;
(C) Social security number;
(D) Payment history;
(E) Account number; and
(F) Name and address of the health care provider, health care facility, and/or third-party payor.
(34) "Person" means an individual, corporation, business trust, estate, trust, partnership, association, joint venture, government, governmental subdivision or agency, or any other legal or commercial entity.
(35) "Professional person" has the same meaning as in RCW 71.05.020.
(36) "Psychiatric advanced registered nurse practitioner" has the same meaning as in RCW 71.05.020.
(37) "Reasonable fee" means the charges for duplicating or searching the record, but shall not exceed sixty-five cents per page for the first thirty pages and fifty cents per page for all other pages. In addition, a clerical fee for searching and handling may be charged not to exceed fifteen dollars. These amounts shall be adjusted biennially in accordance with changes in the consumer price index, all consumers, for Seattle-Tacoma metropolitan statistical area as determined by the secretary of health. However, where editing of records by a health care provider is required by statute and is done by the provider personally, the fee may be the usual and customary charge for a basic office visit.
(38) "Release" has the same meaning as in RCW 71.05.020.
(39) "Resource management services" has the same meaning as in RCW 71.05.020.
(40) "Serious violent offense" has the same meaning as in RCW 71.05.020.
(41) "Sexually transmitted infection" or "sexually transmitted disease" has the same meaning as "sexually transmitted disease" in RCW 70.24.017.
(42) "Test for a sexually transmitted disease" has the same meaning as in RCW 70.24.017.
(43) "Third-party payor" means an insurer regulated under Title 48 RCW authorized to transact business in this state or other jurisdiction, including a health care service contractor, and health maintenance organization; or an employee welfare benefit plan, excluding fitness or wellness plans; or a state or federal health benefit program.
(44) "Treatment" means the provision, coordination, or management of health care and related services by one or more health care providers or health care facilities, including the coordination or management of health care by a health care provider or health care facility with a third party; consultation between health care providers or health care facilities relating to a patient; or the referral of a patient for health care from one health care provider or health care facility to another.
Sec. 152. RCW 70.02.230 and 2013 c 200 s 7 are each amended to read as follows:
(1) Except as provided in this section, RCW 70.02.050, 71.05.445, 70.96A.150, 74.09.295, 70.02.210, 70.02.240, 70.02.250, and 70.02.260, or pursuant to a valid authorization under RCW 70.02.030, the fact of admission to a provider for mental health services and all information and records compiled, obtained, or maintained in the course of providing mental health services to either voluntary or involuntary recipients of services at public or private agencies must be confidential.
(2) Information and records related to mental health services, other than those obtained through treatment under chapter 71.34 RCW, may be disclosed only:
(a) In communications between qualified professional persons to meet the requirements of chapter 71.05 RCW, in the provision of services or appropriate referrals, or in the course of guardianship proceedings if provided to a professional person:
(i) Employed by the facility;
(ii) Who has medical responsibility for the patient's care;
(iii) Who is a designated mental health professional;
(iv) Who is providing services under chapter 71.24 RCW;
(v) Who is employed by a state or local correctional facility where the person is confined or supervised; or
(vi) Who is providing evaluation, treatment, or follow-up services under chapter 10.77 RCW;
(b) When the communications regard the special needs of a patient and the necessary circumstances giving rise to such needs and the disclosure is made by a facility providing services to the operator of a facility in which the patient resides or will reside;
(c)(i) When the person receiving services, or his or her guardian, designates persons to whom information or records may be released, or if the person is a minor, when his or her parents make such a designation;
(ii) A public or private agency shall release to a person's next of kin, attorney, personal representative, guardian, or conservator, if any:
(A) The information that the person is presently a patient in the facility or that the person is seriously physically ill;
(B) A statement evaluating the mental and physical condition of the patient, and a statement of the probable duration of the patient's confinement, if such information is requested by the next of kin, attorney, personal representative, guardian, or conservator; and
(iii) Other information requested by the next of kin or attorney as may be necessary to decide whether or not proceedings should be instituted to appoint a guardian or conservator;
(d)(i) To the courts as necessary to the administration of chapter 71.05 RCW or to a court ordering an evaluation or treatment under chapter 10.77 RCW solely for the purpose of preventing the entry of any evaluation or treatment order that is inconsistent with any order entered under chapter 71.05 RCW.
(ii) To a court or its designee in which a motion under chapter 10.77 RCW has been made for involuntary medication of a defendant for the purpose of competency restoration.
(iii) Disclosure under this subsection is mandatory for the purpose of the federal health insurance portability and accountability act;
(e)(i) When a mental health professional is requested by a representative of a law enforcement or corrections agency, including a police officer, sheriff, community corrections officer, a municipal attorney, or prosecuting attorney to undertake an investigation or provide treatment under RCW 71.05.150, 10.31.110, or 71.05.153, the mental health professional shall, if requested to do so, advise the representative in writing of the results of the investigation including a statement of reasons for the decision to detain or release the person investigated. The written report must be submitted within seventy-two hours of the completion of the investigation or the request from the law enforcement or corrections representative, whichever occurs later.
(ii) Disclosure under this subsection is mandatory for the purposes of the federal health insurance portability and accountability act;
(f) To the attorney of the detained person;
(g) To the prosecuting attorney as necessary to carry out the responsibilities of the office under RCW 71.05.330(2), 71.05.340(1)(b), and 71.05.335. The prosecutor must be provided access to records regarding the committed person's treatment and prognosis, medication, behavior problems, and other records relevant to the issue of whether treatment less restrictive than inpatient treatment is in the best interest of the committed person or others. Information must be disclosed only after giving notice to the committed person and the person's counsel;
(h)(i) To appropriate law enforcement agencies and to a person, when the identity of the person is known to the public or private agency, whose health and safety has been threatened, or who is known to have been repeatedly harassed, by the patient. The person may designate a representative to receive the disclosure. The disclosure must be made by the professional person in charge of the public or private agency or his or her designee and must include the dates of commitment, admission, discharge, or release, authorized or unauthorized absence from the agency's facility, and only any other information that is pertinent to the threat or harassment. The agency or its employees are not civilly liable for the decision to disclose or not, so long as the decision was reached in good faith and without gross negligence.
(ii) Disclosure under this subsection is mandatory for the purposes of the federal health insurance portability and accountability act;
(i)(i) To appropriate corrections and law enforcement agencies all necessary and relevant information in the event of a crisis or emergent situation that poses a significant and imminent risk to the public. The mental health service agency or its employees are not civilly liable for the decision to disclose or not so long as the decision was reached in good faith and without gross negligence.
(ii) Disclosure under this subsection is mandatory for the purposes of the health insurance portability and accountability act;
(j) To the persons designated in RCW 71.05.425 for the purposes described in those sections;
(k) Upon the death of a person. The person's next of kin, personal representative, guardian, or conservator, if any, must be notified. Next of kin who are of legal age and competent must be notified under this section in the following order: Spouse, parents, children, brothers and sisters, and other relatives according to the degree of relation. Access to all records and information compiled, obtained, or maintained in the course of providing services to a deceased patient are governed by RCW 70.02.140;
(l) To mark headstones or otherwise memorialize patients interred at state hospital cemeteries. The department of social and health services shall make available the name, date of birth, and date of death of patients buried in state hospital cemeteries fifty years after the death of a patient;
(m) To law enforcement officers and to prosecuting attorneys as are necessary to enforce RCW 9.41.040(2)(a)(ii). The extent of information that may be released is limited as follows:
(i) Only the fact, place, and date of involuntary commitment, an official copy of any order or orders of commitment, and an official copy of any written or oral notice of ineligibility to possess a firearm that was provided to the person pursuant to RCW 9.41.047(1), must be disclosed upon request;
(ii) The law enforcement and prosecuting attorneys may only release the information obtained to the person's attorney as required by court rule and to a jury or judge, if a jury is waived, that presides over any trial at which the person is charged with violating RCW 9.41.040(2)(a)(ii);
(iii) Disclosure under this subsection is mandatory for the purposes of the federal health insurance portability and accountability act;
(n) When a patient would otherwise be subject to the provisions of this section and disclosure is necessary for the protection of the patient or others due to his or her unauthorized disappearance from the facility, and his or her whereabouts is unknown, notice of the disappearance, along with relevant information, may be made to relatives, the department of corrections when the person is under the supervision of the department, and governmental law enforcement agencies designated by the physician or psychiatric advanced registered nurse practitioner in charge of the patient or the professional person in charge of the facility, or his or her professional designee;
(o) Pursuant to lawful order of a court;
(p) To qualified staff members of
the department, to the director of ((regional support networks)) behavioral
health and recovery organizations, to resource management services
responsible for serving a patient, or to service providers designated by
resource management services as necessary to determine the progress and
adequacy of treatment and to determine whether the person should be transferred
to a less restrictive or more appropriate treatment modality or facility;
(q) Within the treatment facility where the patient is receiving treatment, confidential information may be disclosed to persons employed, serving in bona fide training programs, or participating in supervised volunteer programs, at the facility when it is necessary to perform their duties;
(r) Within the department as necessary to coordinate treatment for mental illness, developmental disabilities, alcoholism, or drug abuse of persons who are under the supervision of the department;
(s) To a licensed physician or psychiatric advanced registered nurse practitioner who has determined that the life or health of the person is in danger and that treatment without the information contained in the mental health treatment records could be injurious to the patient's health. Disclosure must be limited to the portions of the records necessary to meet the medical emergency;
(t) Consistent with the requirements of the federal health information portability and accountability act, to a licensed mental health professional or a health care professional licensed under chapter 18.71, 18.71A, 18.57, 18.57A, 18.79, or 18.36A RCW who is providing care to a person, or to whom a person has been referred for evaluation or treatment, to assure coordinated care and treatment of that person. Psychotherapy notes, as defined in 45 C.F.R. Sec. 164.501, may not be released without authorization of the person who is the subject of the request for release of information;
(u) To administrative and office support staff designated to obtain medical records for those licensed professionals listed in (t) of this subsection;
(v) To a facility that is to receive a person who is involuntarily committed under chapter 71.05 RCW, or upon transfer of the person from one treatment facility to another. The release of records under this subsection is limited to the mental health treatment records required by law, a record or summary of all somatic treatments, and a discharge summary. The discharge summary may include a statement of the patient's problem, the treatment goals, the type of treatment which has been provided, and recommendation for future treatment, but may not include the patient's complete treatment record;
(w) To the person's counsel or guardian ad litem, without modification, at any time in order to prepare for involuntary commitment or recommitment proceedings, reexaminations, appeals, or other actions relating to detention, admission, commitment, or patient's rights under chapter 71.05 RCW;
(x) To staff members of the protection and advocacy agency or to staff members of a private, nonprofit corporation for the purpose of protecting and advocating the rights of persons with mental disorders or developmental disabilities. Resource management services may limit the release of information to the name, birthdate, and county of residence of the patient, information regarding whether the patient was voluntarily admitted, or involuntarily committed, the date and place of admission, placement, or commitment, the name and address of a guardian of the patient, and the date and place of the guardian's appointment. Any staff member who wishes to obtain additional information must notify the patient's resource management services in writing of the request and of the resource management services' right to object. The staff member shall send the notice by mail to the guardian's address. If the guardian does not object in writing within fifteen days after the notice is mailed, the staff member may obtain the additional information. If the guardian objects in writing within fifteen days after the notice is mailed, the staff member may not obtain the additional information;
(y) To all current treating providers of the patient with prescriptive authority who have written a prescription for the patient within the last twelve months. For purposes of coordinating health care, the department may release without written authorization of the patient, information acquired for billing and collection purposes as described in RCW 70.02.050(1)(e). The department shall notify the patient that billing and collection information has been released to named providers, and provide the substance of the information released and the dates of such release. The department may not release counseling, inpatient psychiatric hospitalization, or drug and alcohol treatment information without a signed written release from the client;
(z)(i) To the secretary of social and health services for either program evaluation or research, or both so long as the secretary adopts rules for the conduct of the evaluation or research, or both. Such rules must include, but need not be limited to, the requirement that all evaluators and researchers sign an oath of confidentiality substantially as follows:
"As a condition of conducting evaluation or research concerning persons who have received services from (fill in the facility, agency, or person) I, . . . . . ., agree not to divulge, publish, or otherwise make known to unauthorized persons or the public any information obtained in the course of such evaluation or research regarding persons who have received services such that the person who received such services is identifiable.
I recognize that unauthorized release of confidential information may subject me to civil liability under the provisions of state law.
/s/ . . . . . ."
(ii) Nothing in this chapter may be construed to prohibit the compilation and publication of statistical data for use by government or researchers under standards, including standards to assure maintenance of confidentiality, set forth by the secretary.
(3) Whenever federal law or federal regulations restrict the release of information contained in the treatment records of any patient who receives treatment for chemical dependency, the department may restrict the release of the information as necessary to comply with federal law and regulations.
(4) Civil liability and immunity for the release of information about a particular person who is committed to the department of social and health services under RCW 71.05.280(3) and 71.05.320(3)(c) after dismissal of a sex offense as defined in RCW 9.94A.030, is governed by RCW 4.24.550.
(5) The fact of admission to a provider of mental health services, as well as all records, files, evidence, findings, or orders made, prepared, collected, or maintained pursuant to chapter 71.05 RCW are not admissible as evidence in any legal proceeding outside that chapter without the written authorization of the person who was the subject of the proceeding except as provided in RCW 70.02.260, in a subsequent criminal prosecution of a person committed pursuant to RCW 71.05.280(3) or 71.05.320(3)(c) on charges that were dismissed pursuant to chapter 10.77 RCW due to incompetency to stand trial, in a civil commitment proceeding pursuant to chapter 71.09 RCW, or, in the case of a minor, a guardianship or dependency proceeding. The records and files maintained in any court proceeding pursuant to chapter 71.05 RCW must be confidential and available subsequent to such proceedings only to the person who was the subject of the proceeding or his or her attorney. In addition, the court may order the subsequent release or use of such records or files only upon good cause shown if the court finds that appropriate safeguards for strict confidentiality are and will be maintained.
(6)(a) Except as provided in RCW 4.24.550, any person may bring an action against an individual who has willfully released confidential information or records concerning him or her in violation of the provisions of this section, for the greater of the following amounts:
(i) One thousand dollars; or
(ii) Three times the amount of actual damages sustained, if any.
(b) It is not a prerequisite to recovery under this subsection that the plaintiff suffered or was threatened with special, as contrasted with general, damages.
(c) Any person may bring an action to enjoin the release of confidential information or records concerning him or her or his or her ward, in violation of the provisions of this section, and may in the same action seek damages as provided in this subsection.
(d) The court may award to the plaintiff, should he or she prevail in any action authorized by this subsection, reasonable attorney fees in addition to those otherwise provided by law.
(e) If an action is brought under this subsection, no action may be brought under RCW 70.02.170.
Sec. 153. RCW 70.02.250 and 2013 c 200 s 9 are each amended to read as follows:
(1) Information and records related to mental health services delivered to a person subject to chapter 9.94A or 9.95 RCW must be released, upon request, by a mental health service agency to department of corrections personnel for whom the information is necessary to carry out the responsibilities of their office. The information must be provided only for the purpose of completing presentence investigations, supervision of an incarcerated person, planning for and provision of supervision of a person, or assessment of a person's risk to the community. The request must be in writing and may not require the consent of the subject of the records.
(2) The information to be released to the department of corrections must include all relevant records and reports, as defined by rule, necessary for the department of corrections to carry out its duties, including those records and reports identified in subsection (1) of this section.
(3) The department shall, subject
to available resources, electronically, or by the most cost-effective means
available, provide the department of corrections with the names, last dates of
services, and addresses of specific ((regional support networks)) behavioral
health and recovery organizations and mental health service agencies that
delivered mental health services to a person subject to chapter 9.94A or 9.95
RCW pursuant to an agreement between the departments.
(4) The department and the
department of corrections, in consultation with ((regional support networks))
behavioral health and recovery organizations, mental health service
agencies as defined in RCW 70.02.010, mental health consumers, and advocates
for persons with mental illness, shall adopt rules to implement the provisions
of this section related to the type and scope of information to be released.
These rules must:
(a) Enhance and facilitate the ability of the department of corrections to carry out its responsibility of planning and ensuring community protection with respect to persons subject to sentencing under chapter 9.94A or 9.95 RCW, including accessing and releasing or disclosing information of persons who received mental health services as a minor; and
(b) Establish requirements for the notification of persons under the supervision of the department of corrections regarding the provisions of this section.
(5) The information received by the department of corrections under this section must remain confidential and subject to the limitations on disclosure outlined in chapter 71.34 RCW, except as provided in RCW 72.09.585.
(6) No mental health service agency or individual employed by a mental health service agency may be held responsible for information released to or used by the department of corrections under the provisions of this section or rules adopted under this section.
(7) Whenever federal law or federal regulations restrict the release of information contained in the treatment records of any patient who receives treatment for alcoholism or drug dependency, the release of the information may be restricted as necessary to comply with federal law and regulations.
(8) This section does not modify the terms and conditions of disclosure of information related to sexually transmitted diseases under this chapter.
Sec. 154. RCW 70.320.010 and 2013 c 320 s 1 are each amended to read as follows:
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Authority" means the health care authority.
(2) "Department" means the department of social and health services.
(3) "Emerging best practice" or "promising practice" means a program or practice that, based on statistical analyses or a well- established theory of change, shows potential for meeting the evidence- based or research-based criteria, which may include the use of a program that is evidence-based for outcomes other than those listed in this section.
(4) "Evidence-based" means a program or practice that has been tested in heterogeneous or intended populations with multiple randomized, or statistically controlled evaluations, or both; or one large multiple site randomized, or statistically controlled evaluation, or both, where the weight of the evidence from a systemic review demonstrates sustained improvements in at least one outcome. "Evidence-based" also means a program or practice that can be implemented with a set of procedures to allow successful replication in Washington and, when possible, is determined to be cost-beneficial.
(5) "Research-based" means a program or practice that has been tested with a single randomized, or statistically controlled evaluation, or both, demonstrating sustained desirable outcomes; or where the weight of the evidence from a systemic review supports sustained outcomes as described in this subsection but does not meet the full criteria for evidence-based.
(6) "Service coordination
organization" or "service contracting entity" means the
authority and department, or an entity that may contract with the state to
provide, directly or through subcontracts, a comprehensive delivery system of
medical, behavioral, long-term care, or social support services, including
entities such as ((regional support networks)) behavioral health and
recovery organizations as defined in RCW 71.24.025, managed care
organizations that provide medical services to clients under chapter 74.09 RCW,
counties providing chemical dependency services under chapters 74.50 and 70.96A
RCW, and area agencies on aging providing case management services under
chapter 74.39A RCW.
Sec. 155. RCW 70.96B.010 and 2011 c 89 s 10 are each amended to read as follows:
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Admission" or "admit" means a decision by a physician that a person should be examined or treated as a patient in a hospital, an evaluation and treatment facility, or other inpatient facility, or a decision by a professional person in charge or his or her designee that a person should be detained as a patient for evaluation and treatment in a secure detoxification facility or other certified chemical dependency provider.
(2) "Antipsychotic medications" means that class of drugs primarily used to treat serious manifestations of mental illness associated with thought disorders, which includes but is not limited to atypical antipsychotic medications.
(3) "Approved treatment program" means a discrete program of chemical dependency treatment provided by a treatment program certified by the department as meeting standards adopted under chapter 70.96A RCW.
(4) "Attending staff" means any person on the staff of a public or private agency having responsibility for the care and treatment of a patient.
(5) "Chemical dependency" means:
(a) Alcoholism;
(b) Drug addiction; or
(c) Dependence on alcohol and one or more other psychoactive chemicals, as the context requires.
(6) "Chemical dependency professional" means a person certified as a chemical dependency professional by the department of health under chapter 18.205 RCW.
(7) "Commitment" means the determination by a court that a person should be detained for a period of either evaluation or treatment, or both, in an inpatient or a less restrictive setting.
(8) "Conditional release" means a revocable modification of a commitment that may be revoked upon violation of any of its terms.
(9) "Custody" means involuntary detention under either chapter 71.05 or 70.96A RCW or this chapter, uninterrupted by any period of unconditional release from commitment from a facility providing involuntary care and treatment.
(10) "Department" means the department of social and health services.
(11) "Designated chemical dependency specialist" or "specialist" means a person designated by the county alcoholism and other drug addiction program coordinator designated under RCW 70.96A.310 to perform the commitment duties described in RCW 70.96A.140 and this chapter, and qualified to do so by meeting standards adopted by the department.
(12) "Designated crisis
responder" means a person designated by the county or ((regional
support network)) behavioral health and recovery organization to
perform the duties specified in this chapter.
(13) "Designated mental health professional" means a mental health professional designated by the county or other authority authorized in rule to perform the duties specified in this chapter.
(14) "Detention" or "detain" means the lawful confinement of a person under this chapter, or chapter 70.96A or 71.05 RCW.
(15) "Developmental disabilities professional" means a person who has specialized training and three years of experience in directly treating or working with individuals with developmental disabilities and is a psychiatrist, psychologist, or social worker, and such other developmental disabilities professionals as may be defined by rules adopted by the secretary.
(16) "Developmental disability" means that condition defined in RCW 71A.10.020.
(17) "Discharge" means the termination of facility authority. The commitment may remain in place, be terminated, or be amended by court order.
(18) "Evaluation and treatment facility" means any facility that can provide directly, or by direct arrangement with other public or private agencies, emergency evaluation and treatment, outpatient care, and timely and appropriate inpatient care to persons suffering from a mental disorder, and that is certified as such by the department. A physically separate and separately operated portion of a state hospital may be designated as an evaluation and treatment facility. A facility that is part of, or operated by, the department or any federal agency does not require certification. No correctional institution or facility, or jail, may be an evaluation and treatment facility within the meaning of this chapter.
(19) "Facility" means either an evaluation and treatment facility or a secure detoxification facility.
(20) "Gravely disabled" means a condition in which a person, as a result of a mental disorder, or as a result of the use of alcohol or other psychoactive chemicals:
(a) Is in danger of serious physical harm resulting from a failure to provide for his or her essential human needs of health or safety; or
(b) Manifests severe deterioration in routine functioning evidenced by repeated and escalating loss of cognitive or volitional control over his or her actions and is not receiving such care as is essential for his or her health or safety.
(21) "History of one or more violent acts" refers to the period of time ten years before the filing of a petition under this chapter, or chapter 70.96A or 71.05 RCW, excluding any time spent, but not any violent acts committed, in a mental health facility or a long-term alcoholism or drug treatment facility, or in confinement as a result of a criminal conviction.
(22) "Imminent" means the state or condition of being likely to occur at any moment or near at hand, rather than distant or remote.
(23) "Intoxicated person" means a person whose mental or physical functioning is substantially impaired as a result of the use of alcohol or other psychoactive chemicals.
(24) "Judicial commitment" means a commitment by a court under this chapter.
(25) "Licensed physician" means a person licensed to practice medicine or osteopathic medicine and surgery in the state of Washington.
(26) "Likelihood of serious harm" means:
(a) A substantial risk that:
(i) Physical harm will be inflicted by a person upon his or her own person, as evidenced by threats or attempts to commit suicide or inflict physical harm on oneself;
(ii) Physical harm will be inflicted by a person upon another, as evidenced by behavior that has caused such harm or that places another person or persons in reasonable fear of sustaining such harm; or
(iii) Physical harm will be inflicted by a person upon the property of others, as evidenced by behavior that has caused substantial loss or damage to the property of others; or
(b) The person has threatened the physical safety of another and has a history of one or more violent acts.
(27) "Mental disorder" means any organic, mental, or emotional impairment that has substantial adverse effects on a person's cognitive or volitional functions.
(28) "Mental health professional" means a psychiatrist, psychologist, psychiatric nurse, or social worker, and such other mental health professionals as may be defined by rules adopted by the secretary under the authority of chapter 71.05 RCW.
(29) "Peace officer" means a law enforcement official of a public agency or governmental unit, and includes persons specifically given peace officer powers by any state law, local ordinance, or judicial order of appointment.
(30) "Person in charge" means a physician or chemical dependency counselor as defined in rule by the department, who is empowered by a certified treatment program with authority to make assessment, admission, continuing care, and discharge decisions on behalf of the certified program.
(31) "Private agency" means any person, partnership, corporation, or association that is not a public agency, whether or not financed in whole or in part by public funds, that constitutes an evaluation and treatment facility or private institution, or hospital, or approved treatment program, that is conducted for, or includes a department or ward conducted for, the care and treatment of persons who are mentally ill and/or chemically dependent.
(32) "Professional person" means a mental health professional or chemical dependency professional and shall also mean a physician, registered nurse, and such others as may be defined by rules adopted by the secretary pursuant to the provisions of this chapter.
(33) "Psychiatrist" means a person having a license as a physician and surgeon in this state who has in addition completed three years of graduate training in psychiatry in a program approved by the American medical association or the American osteopathic association and is certified or eligible to be certified by the American board of psychiatry and neurology.
(34) "Psychologist" means a person who has been licensed as a psychologist under chapter 18.83 RCW.
(35) "Public agency" means any evaluation and treatment facility or institution, or hospital, or approved treatment program that is conducted for, or includes a department or ward conducted for, the care and treatment of persons who are mentally ill and/or chemically dependent, if the agency is operated directly by federal, state, county, or municipal government, or a combination of such governments.
(36) "Registration
records" means all the records of the department, ((regional support
networks)) behavioral health and recovery organizations, treatment
facilities, and other persons providing services to the department, county
departments, or facilities which identify persons who are receiving or who at
any time have received services for mental illness.
(37) "Release" means legal termination of the commitment under chapter 70.96A or 71.05 RCW or this chapter.
(38) "Secretary" means the secretary of the department or the secretary's designee.
(39) "Secure detoxification facility" means a facility operated by either a public or private agency or by the program of an agency that serves the purpose of providing evaluation and assessment, and acute and/or subacute detoxification services for intoxicated persons and includes security measures sufficient to protect the patients, staff, and community.
(40) "Social worker" means a person with a master's or further advanced degree from a social work educational program accredited and approved as provided in RCW 18.320.010.
(41) "Treatment records"
means registration records and all other records concerning persons who are
receiving or who at any time have received services for mental illness, which
are maintained by the department, by ((regional support networks)) behavioral
health and recovery organizations and their staffs, and by treatment
facilities. Treatment records do not include notes or records maintained for
personal use by a person providing treatment services for the department, ((regional
support networks)) behavioral health and recovery organizations, or
a treatment facility if the notes or records are not available to others.
(42) "Violent act" means behavior that resulted in homicide, attempted suicide, nonfatal injuries, or substantial damage to property.
Sec. 156. RCW 70.96B.020 and 2005 c 504 s 203 are each amended to read as follows:
(1) The secretary, after consulting
with the Washington state association of counties, shall select and contract
with ((regional support networks)) behavioral health and recovery
organizations or counties to provide two integrated crisis response and
involuntary treatment pilot programs for adults and shall allocate resources
for both integrated services and secure detoxification services in the pilot
areas. In selecting the two ((regional support networks)) behavioral
health and recovery organizations or counties, the secretary shall endeavor
to site one in an urban and one in a rural ((regional support network)) behavioral
health and recovery organization or county; and to site them in counties
other than those selected pursuant to RCW 70.96A.800, to the extent necessary
to facilitate evaluation of pilot project results.
(2) The ((regional support
networks)) behavioral health and recovery organizations or counties
shall implement the pilot programs by providing integrated crisis response and
involuntary treatment to persons with a chemical dependency, a mental disorder,
or both, consistent with this chapter. The pilot programs shall:
(a) Combine the crisis responder functions of a designated mental health professional under chapter 71.05 RCW and a designated chemical dependency specialist under chapter 70.96A RCW by establishing a new designated crisis responder who is authorized to conduct investigations and detain persons up to seventy-two hours to the proper facility;
(b) Provide training to the crisis responders as required by the department;
(c) Provide sufficient staff and resources to ensure availability of an adequate number of crisis responders twenty-four hours a day, seven days a week;
(d) Provide the administrative and court-related staff, resources, and processes necessary to facilitate the legal requirements of the initial detention and the commitment hearings for persons with a chemical dependency;
(e) Participate in the evaluation and report to assess the outcomes of the pilot programs including providing data and information as requested;
(f) Provide the other services necessary to the implementation of the pilot programs, consistent with this chapter as determined by the secretary in contract; and
(g) Collaborate with the department of corrections where persons detained or committed are also subject to supervision by the department of corrections.
(3) The pilot programs established by this section shall begin providing services by March 1, 2006.
Sec. 157. RCW 70.96B.030 and 2005 c 504 s 204 are each amended to read as follows:
To qualify as a designated crisis responder, a person must have received chemical dependency training as determined by the department and be a:
(1) Psychiatrist, psychologist, psychiatric nurse, or social worker;
(2) Person with a master's degree or further advanced degree in counseling or one of the social sciences from an accredited college or university and who have, in addition, at least two years of experience in direct treatment of persons with mental illness or emotional disturbance, such experience gained under the direction of a mental health professional;
(3) Person who meets the waiver criteria of RCW 71.24.260, which waiver was granted before 1986;
(4) Person who had an approved
waiver to perform the duties of a mental health professional that was requested
by the ((regional support network)) behavioral health and recovery
organization and granted by the department before July 1, 2001; or
(5) Person who has been granted a time-limited exception of the minimum requirements of a mental health professional by the department consistent with rules adopted by the secretary.
Sec. 158. RCW 70.96C.010 and 2005 c 504 s 601 are each amended to read as follows:
(1) The department of social and health services, in consultation with the members of the team charged with developing the state plan for co-occurring mental and substance abuse disorders, shall adopt, not later than January 1, 2006, an integrated and comprehensive screening and assessment process for chemical dependency and mental disorders and co-occurring chemical dependency and mental disorders.
(a) The process adopted shall include, at a minimum:
(i) An initial screening tool that can be used by intake personnel system-wide and which will identify the most common types of co- occurring disorders;
(ii) An assessment process for those cases in which assessment is indicated that provides an appropriate degree of assessment for most situations, which can be expanded for complex situations;
(iii) Identification of triggers in the screening that indicate the need to begin an assessment;
(iv) Identification of triggers after or outside the screening that indicate a need to begin or resume an assessment;
(v) The components of an assessment process and a protocol for determining whether part or all of the assessment is necessary, and at what point; and
(vi) Emphasis that the process adopted under this section is to replace and not to duplicate existing intake, screening, and assessment tools and processes.
(b) The department shall consider existing models, including those already adopted by other states, and to the extent possible, adopt an established, proven model.
(c) The integrated, comprehensive screening and assessment process shall be implemented statewide by all chemical dependency and mental health treatment providers as well as all designated mental health professionals, designated chemical dependency specialists, and designated crisis responders not later than January 1, 2007.
(2) The department shall provide adequate training to effect statewide implementation by the dates designated in this section and shall report the rates of co-occurring disorders and the stage of screening or assessment at which the co-occurring disorder was identified to the appropriate committees of the legislature.
(3) The department shall establish
contractual penalties to contracted treatment providers, the ((regional
support networks)) behavioral health and recovery organizations, and
their contracted providers for failure to implement the integrated screening
and assessment process by July 1, 2007.
Sec. 159. RCW 70.97.010 and 2011 c 89 s 11 are each amended to read as follows:
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Antipsychotic medications" means that class of drugs primarily used to treat serious manifestations of mental illness associated with thought disorders, which includes but is not limited to atypical antipsychotic medications.
(2) "Attending staff" means any person on the staff of a public or private agency having responsibility for the care and treatment of a patient.
(3) "Chemical dependency" means alcoholism, drug addiction, or dependence on alcohol and one or more other psychoactive chemicals, as the context requires and as those terms are defined in chapter 70.96A RCW.
(4) "Chemical dependency professional" means a person certified as a chemical dependency professional by the department of health under chapter 18.205 RCW.
(5) "Commitment" means the determination by a court that an individual should be detained for a period of either evaluation or treatment, or both, in an inpatient or a less restrictive setting.
(6) "Conditional release" means a modification of a commitment that may be revoked upon violation of any of its terms.
(7) "Custody" means involuntary detention under chapter 71.05 or 70.96A RCW, uninterrupted by any period of unconditional release from commitment from a facility providing involuntary care and treatment.
(8) "Department" means the department of social and health services.
(9) "Designated responder" means a designated mental health professional, a designated chemical dependency specialist, or a designated crisis responder as those terms are defined in chapter 70.96A, 71.05, or 70.96B RCW.
(10) "Detention" or "detain" means the lawful confinement of an individual under chapter 70.96A or 71.05 RCW.
(11) "Discharge" means the termination of facility authority. The commitment may remain in place, be terminated, or be amended by court order.
(12) "Enhanced services facility" means a facility that provides treatment and services to persons for whom acute inpatient treatment is not medically necessary and who have been determined by the department to be inappropriate for placement in other licensed facilities due to the complex needs that result in behavioral and security issues.
(13) "Expanded community services program" means a nonsecure program of enhanced behavioral and residential support provided to long-term and residential care providers serving specifically eligible clients who would otherwise be at risk for hospitalization at state hospital geriatric units.
(14) "Facility" means an enhanced services facility.
(15) "Gravely disabled" means a condition in which an individual, as a result of a mental disorder, as a result of the use of alcohol or other psychoactive chemicals, or both:
(a) Is in danger of serious physical harm resulting from a failure to provide for his or her essential human needs of health or safety; or
(b) Manifests severe deterioration in routine functioning evidenced by repeated and escalating loss of cognitive or volitional control over his or her actions and is not receiving such care as is essential for his or her health or safety.
(16) "History of one or more violent acts" refers to the period of time ten years before the filing of a petition under this chapter, or chapter 70.96A or 71.05 RCW, excluding any time spent, but not any violent acts committed, in a mental health facility or a long-term alcoholism or drug treatment facility, or in confinement as a result of a criminal conviction.
(17) "Licensed physician" means a person licensed to practice medicine or osteopathic medicine and surgery in the state of Washington.
(18) "Likelihood of serious harm" means:
(a) A substantial risk that:
(i) Physical harm will be inflicted by an individual upon his or her own person, as evidenced by threats or attempts to commit suicide or inflict physical harm on oneself;
(ii) Physical harm will be inflicted by an individual upon another, as evidenced by behavior that has caused such harm or that places another person or persons in reasonable fear of sustaining such harm; or
(iii) Physical harm will be inflicted by an individual upon the property of others, as evidenced by behavior that has caused substantial loss or damage to the property of others; or
(b) The individual has threatened the physical safety of another and has a history of one or more violent acts.
(19) "Mental disorder" means any organic, mental, or emotional impairment that has substantial adverse effects on an individual's cognitive or volitional functions.
(20) "Mental health professional" means a psychiatrist, psychologist, psychiatric nurse, or social worker, and such other mental health professionals as may be defined by rules adopted by the secretary under the authority of chapter 71.05 RCW.
(21) "Professional person" means a mental health professional and also means a physician, registered nurse, and such others as may be defined in rules adopted by the secretary pursuant to the provisions of this chapter.
(22) "Psychiatrist" means a person having a license as a physician and surgeon in this state who has in addition completed three years of graduate training in psychiatry in a program approved by the American medical association or the American osteopathic association and is certified or eligible to be certified by the American board of psychiatry and neurology.
(23) "Psychologist" means a person who has been licensed as a psychologist under chapter 18.83 RCW.
(24) "Registration
records" include all the records of the department, ((regional support
networks)) behavioral health and recovery organizations, treatment
facilities, and other persons providing services to the department, county
departments, or facilities which identify individuals who are receiving or who
at any time have received services for mental illness.
(25) "Release" means legal termination of the commitment under chapter 70.96A or 71.05 RCW.
(26) "Resident" means a person admitted to an enhanced services facility.
(27) "Secretary" means the secretary of the department or the secretary's designee.
(28) "Significant change" means:
(a) A deterioration in a resident's physical, mental, or psychosocial condition that has caused or is likely to cause clinical complications or life-threatening conditions; or
(b) An improvement in the resident's physical, mental, or psychosocial condition that may make the resident eligible for release or for treatment in a less intensive or less secure setting.
(29) "Social worker" means a person with a master's or further advanced degree from a social work educational program accredited and approved as provided in RCW 18.320.010.
(30) "Treatment" means the broad range of emergency, detoxification, residential, inpatient, and outpatient services and care, including diagnostic evaluation, mental health or chemical dependency education and counseling, medical, psychiatric, psychological, and social service care, vocational rehabilitation, and career counseling, which may be extended to persons with mental disorders, chemical dependency disorders, or both, and their families.
(31) "Treatment records"
include registration and all other records concerning individuals who are
receiving or who at any time have received services for mental illness, which
are maintained by the department, by ((regional support networks)) behavioral
health and recovery organizations and their staffs, and by treatment
facilities. "Treatment records" do not include notes or records
maintained for personal use by an individual providing treatment services for
the department, ((regional support networks)) behavioral health and
recovery organizations, or a treatment facility if the notes or records are
not available to others.
(32) "Violent act" means behavior that resulted in homicide, attempted suicide, nonfatal injuries, or substantial damage to property.
Sec. 160. RCW 71.05.020 and 2011 c 148 s 1 and 2011 c 89 s 14 are each reenacted and amended to read as follows:
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Admission" or "admit" means a decision by a physician or psychiatric advanced registered nurse practitioner that a person should be examined or treated as a patient in a hospital;
(2) "Antipsychotic medications" means that class of drugs primarily used to treat serious manifestations of mental illness associated with thought disorders, which includes, but is not limited to atypical antipsychotic medications;
(3) "Attending staff" means any person on the staff of a public or private agency having responsibility for the care and treatment of a patient;
(4) "Commitment" means the determination by a court that a person should be detained for a period of either evaluation or treatment, or both, in an inpatient or a less restrictive setting;
(5) "Conditional release" means a revocable modification of a commitment, which may be revoked upon violation of any of its terms;
(6) "Crisis stabilization unit" means a short-term facility or a portion of a facility licensed by the department of health and certified by the department of social and health services under RCW 71.24.035, such as an evaluation and treatment facility or a hospital, which has been designed to assess, diagnose, and treat individuals experiencing an acute crisis without the use of long-term hospitalization;
(7) "Custody" means involuntary detention under the provisions of this chapter or chapter 10.77 RCW, uninterrupted by any period of unconditional release from commitment from a facility providing involuntary care and treatment;
(8) "Department" means the department of social and health services;
(9) "Designated chemical dependency specialist" means a person designated by the county alcoholism and other drug addiction program coordinator designated under RCW 70.96A.310 to perform the commitment duties described in chapters 70.96A and 70.96B RCW;
(10) "Designated crisis
responder" means a mental health professional appointed by the county or
the ((regional support network)) behavioral health and recovery
organization to perform the duties specified in this chapter;
(11) "Designated mental health professional" means a mental health professional designated by the county or other authority authorized in rule to perform the duties specified in this chapter;
(12) "Detention" or "detain" means the lawful confinement of a person, under the provisions of this chapter;
(13) "Developmental disabilities professional" means a person who has specialized training and three years of experience in directly treating or working with persons with developmental disabilities and is a psychiatrist, psychologist, psychiatric advanced registered nurse practitioner, or social worker, and such other developmental disabilities professionals as may be defined by rules adopted by the secretary;
(14) "Developmental
disability" means that condition defined in RCW 71A.10.020(((3)))(4);
(15) "Discharge" means the termination of hospital medical authority. The commitment may remain in place, be terminated, or be amended by court order;
(16) "Evaluation and treatment facility" means any facility which can provide directly, or by direct arrangement with other public or private agencies, emergency evaluation and treatment, outpatient care, and timely and appropriate inpatient care to persons suffering from a mental disorder, and which is certified as such by the department. A physically separate and separately operated portion of a state hospital may be designated as an evaluation and treatment facility. A facility which is part of, or operated by, the department or any federal agency will not require certification. No correctional institution or facility, or jail, shall be an evaluation and treatment facility within the meaning of this chapter;
(17) "Gravely disabled" means a condition in which a person, as a result of a mental disorder: (a) Is in danger of serious physical harm resulting from a failure to provide for his or her essential human needs of health or safety; or (b) manifests severe deterioration in routine functioning evidenced by repeated and escalating loss of cognitive or volitional control over his or her actions and is not receiving such care as is essential for his or her health or safety;
(18) "Habilitative services" means those services provided by program personnel to assist persons in acquiring and maintaining life skills and in raising their levels of physical, mental, social, and vocational functioning. Habilitative services include education, training for employment, and therapy. The habilitative process shall be undertaken with recognition of the risk to the public safety presented by the person being assisted as manifested by prior charged criminal conduct;
(19) "History of one or more violent acts" refers to the period of time ten years prior to the filing of a petition under this chapter, excluding any time spent, but not any violent acts committed, in a mental health facility or in confinement as a result of a criminal conviction;
(20) "Imminent" means the state or condition of being likely to occur at any moment or near at hand, rather than distant or remote;
(21) "Individualized service plan" means a plan prepared by a developmental disabilities professional with other professionals as a team, for a person with developmental disabilities, which shall state:
(a) The nature of the person's specific problems, prior charged criminal behavior, and habilitation needs;
(b) The conditions and strategies necessary to achieve the purposes of habilitation;
(c) The intermediate and long-range goals of the habilitation program, with a projected timetable for the attainment;
(d) The rationale for using this plan of habilitation to achieve those intermediate and long-range goals;
(e) The staff responsible for carrying out the plan;
(f) Where relevant in light of past criminal behavior and due consideration for public safety, the criteria for proposed movement to less-restrictive settings, criteria for proposed eventual discharge or release, and a projected possible date for discharge or release; and
(g) The type of residence immediately anticipated for the person and possible future types of residences;
(22) "Information related to mental health services" means all information and records compiled, obtained, or maintained in the course of providing services to either voluntary or involuntary recipients of services by a mental health service provider. This may include documents of legal proceedings under this chapter or chapter 71.34 or 10.77 RCW, or somatic health care information;
(23) "Judicial commitment" means a commitment by a court pursuant to the provisions of this chapter;
(24) "Legal counsel" means attorneys and staff employed by county prosecutor offices or the state attorney general acting in their capacity as legal representatives of public mental health service providers under RCW 71.05.130;
(25) "Likelihood of serious harm" means:
(a) A substantial risk that: (i) Physical harm will be inflicted by a person upon his or her own person, as evidenced by threats or attempts to commit suicide or inflict physical harm on oneself; (ii) physical harm will be inflicted by a person upon another, as evidenced by behavior which has caused such harm or which places another person or persons in reasonable fear of sustaining such harm; or (iii) physical harm will be inflicted by a person upon the property of others, as evidenced by behavior which has caused substantial loss or damage to the property of others; or
(b) The person has threatened the physical safety of another and has a history of one or more violent acts;
(26) "Mental disorder" means any organic, mental, or emotional impairment which has substantial adverse effects on a person's cognitive or volitional functions;
(27) "Mental health professional" means a psychiatrist, psychologist, psychiatric advanced registered nurse practitioner, psychiatric nurse, or social worker, and such other mental health professionals as may be defined by rules adopted by the secretary pursuant to the provisions of this chapter;
(28) "Mental health service provider" means a public or private agency that provides mental health services to persons with mental disorders as defined under this section and receives funding from public sources. This includes, but is not limited to, hospitals licensed under chapter 70.41 RCW, evaluation and treatment facilities as defined in this section, community mental health service delivery systems or community mental health programs as defined in RCW 71.24.025, facilities conducting competency evaluations and restoration under chapter 10.77 RCW, and correctional facilities operated by state and local governments;
(29) "Peace officer" means a law enforcement official of a public agency or governmental unit, and includes persons specifically given peace officer powers by any state law, local ordinance, or judicial order of appointment;
(30) "Private agency" means any person, partnership, corporation, or association that is not a public agency, whether or not financed in whole or in part by public funds, which constitutes an evaluation and treatment facility or private institution, or hospital, which is conducted for, or includes a department or ward conducted for, the care and treatment of persons who are mentally ill;
(31) "Professional person" means a mental health professional and shall also mean a physician, psychiatric advanced registered nurse practitioner, registered nurse, and such others as may be defined by rules adopted by the secretary pursuant to the provisions of this chapter;
(32) "Psychiatric advanced registered nurse practitioner" means a person who is licensed as an advanced registered nurse practitioner pursuant to chapter 18.79 RCW; and who is board certified in advanced practice psychiatric and mental health nursing;
(33) "Psychiatrist" means a person having a license as a physician and surgeon in this state who has in addition completed three years of graduate training in psychiatry in a program approved by the American medical association or the American osteopathic association and is certified or eligible to be certified by the American board of psychiatry and neurology;
(34) "Psychologist" means a person who has been licensed as a psychologist pursuant to chapter 18.83 RCW;
(35) "Public agency" means any evaluation and treatment facility or institution, or hospital which is conducted for, or includes a department or ward conducted for, the care and treatment of persons with mental illness, if the agency is operated directly by, federal, state, county, or municipal government, or a combination of such governments;
(36) "Registration
records" include all the records of the department, ((regional support
networks)) behavioral health and recovery organizations, treatment
facilities, and other persons providing services to the department, county
departments, or facilities which identify persons who are receiving or who at
any time have received services for mental illness;
(37) "Release" means legal termination of the commitment under the provisions of this chapter;
(38) "Resource management services" has the meaning given in chapter 71.24 RCW;
(39) "Secretary" means the secretary of the department of social and health services, or his or her designee;
(40) "Serious violent offense" has the same meaning as provided in RCW 9.94A.030;
(41) "Social worker" means a person with a master's or further advanced degree from a social work educational program accredited and approved as provided in RCW 18.320.010;
(42) "Therapeutic court personnel" means the staff of a mental health court or other therapeutic court which has jurisdiction over defendants who are dually diagnosed with mental disorders, including court personnel, probation officers, a court monitor, prosecuting attorney, or defense counsel acting within the scope of therapeutic court duties;
(43) "Triage facility" means a short-term facility or a portion of a facility licensed by the department of health and certified by the department of social and health services under RCW 71.24.035, which is designed as a facility to assess and stabilize an individual or determine the need for involuntary commitment of an individual, and must meet department of health residential treatment facility standards. A triage facility may be structured as a voluntary or involuntary placement facility;
(44) "Treatment records"
include registration and all other records concerning persons who are receiving
or who at any time have received services for mental illness, which are
maintained by the department, by ((regional support networks)) behavioral
health and recovery organizations and their staffs, and by treatment
facilities. Treatment records include mental health information contained in a
medical bill including but not limited to mental health drugs, a mental health
diagnosis, provider name, and dates of service stemming from a medical
service. Treatment records do not include notes or records maintained for
personal use by a person providing treatment services for the department, ((regional
support networks)) behavioral health and recovery organizations, or
a treatment facility if the notes or records are not available to others;
(45) "Violent act" means behavior that resulted in homicide, attempted suicide, nonfatal injuries, or substantial damage to property.
Sec. 161. RCW 71.05.025 and 2000 c 94 s 2 are each amended to read as follows:
The legislature intends that the
procedures and services authorized in this chapter be integrated with those in
chapter 71.24 RCW to the maximum extent necessary to assure a continuum of care
to persons ((who are mentally ill)) with mental illness or who
have mental disorders, as defined in either or both this chapter and chapter
71.24 RCW. To this end, ((regional support networks)) behavioral
health and recovery organizations established in accordance with chapter
71.24 RCW shall institute procedures which require timely consultation with
resource management services by ((county-))designated mental health
professionals and evaluation and treatment facilities to assure that
determinations to admit, detain, commit, treat, discharge, or release persons
with mental disorders under this chapter are made only after appropriate
information regarding such person's treatment history and current treatment
plan has been sought from resource management services.
Sec. 162. RCW 71.05.026 and 2006 c 333 s 301 are each amended to read as follows:
(1) Except for monetary damage claims which have been reduced to final judgment by a superior court, this section applies to all claims against the state, state agencies, state officials, or state employees that exist on or arise after March 29, 2006.
(2) Except as expressly provided in
contracts entered into between the department and the ((regional support
networks)) behavioral health and recovery organizations after March
29, 2006, the entities identified in subsection (3) of this section shall have
no claim for declaratory relief, injunctive relief, judicial review under
chapter 34.05 RCW, or civil liability against the state or state agencies for
actions or inactions performed pursuant to the administration of this chapter
with regard to the following: (a) The allocation or payment of federal or
state funds; (b) the use or allocation of state hospital beds; or (c) financial
responsibility for the provision of inpatient mental health care.
(3) This section applies to
counties, ((regional support networks)) behavioral health and
recovery organizations, and entities which contract to provide ((regional
support network)) behavioral health and recovery organization
services and their subcontractors, agents, or employees.
Sec. 163. RCW 71.05.027 and 2005 c 504 s 103 are each amended to read as follows:
(1) Not later than January 1, 2007, all persons providing treatment under this chapter shall also implement the integrated comprehensive screening and assessment process for chemical dependency and mental disorders adopted pursuant to RCW 70.96C.010 and shall document the numbers of clients with co-occurring mental and substance abuse disorders based on a quadrant system of low and high needs.
(2) Treatment providers and ((regional
support networks)) behavioral health and recovery organizations who
fail to implement the integrated comprehensive screening and assessment process
for chemical dependency and mental disorders by July 1, 2007, shall be subject
to contractual penalties established under RCW 70.96C.010.
Sec. 164. RCW 71.05.110 and 2011 c 343 s 5 are each amended to read as follows:
Attorneys appointed for persons
pursuant to this chapter shall be compensated for their services as follows:
(1) The person for whom an attorney is appointed shall, if he or she is
financially able pursuant to standards as to financial capability and indigency
set by the superior court of the county in which the proceeding is held, bear
the costs of such legal services; (2) if such person is indigent pursuant to
such standards, the ((regional support network)) behavioral health
and recovery organization shall reimburse the county in which the
proceeding is held for the direct costs of such legal services, as provided in
RCW 71.05.730.
Sec. 165. RCW 71.05.300 and 2009 c 293 s 5 and 2009 c 217 s 4 are each reenacted and amended to read as follows:
(1) The petition for ninety day
treatment shall be filed with the clerk of the superior court at least three
days before expiration of the fourteen-day period of intensive treatment. At
the time of filing such petition, the clerk shall set a time for the person to
come before the court on the next judicial day after the day of filing unless
such appearance is waived by the person's attorney, and the clerk shall notify
the designated mental health professional. The designated mental health
professional shall immediately notify the person detained, his or her attorney,
if any, and his or her guardian or conservator, if any, the prosecuting
attorney, and the ((regional support network)) behavioral health and
recovery organization administrator, and provide a copy of the petition to
such persons as soon as possible. The ((regional support network)) behavioral
health and recovery organization administrator or designee may review the
petition and may appear and testify at the full hearing on the petition.
(2) At the time set for appearance the detained person shall be brought before the court, unless such appearance has been waived and the court shall advise him or her of his or her right to be represented by an attorney, his or her right to a jury trial, and his or her loss of firearm rights if involuntarily committed. If the detained person is not represented by an attorney, or is indigent or is unwilling to retain an attorney, the court shall immediately appoint an attorney to represent him or her. The court shall, if requested, appoint a reasonably available licensed physician, psychiatric advanced registered nurse practitioner, psychologist, or psychiatrist, designated by the detained person to examine and testify on behalf of the detained person.
(3) The court may, if requested, also appoint a professional person as defined in RCW 71.05.020 to seek less restrictive alternative courses of treatment and to testify on behalf of the detained person. In the case of a person with a developmental disability who has been determined to be incompetent pursuant to RCW 10.77.086(4), then the appointed professional person under this section shall be a developmental disabilities professional.
(4) The court shall also set a date for a full hearing on the petition as provided in RCW 71.05.310.
Sec. 166. RCW 71.05.365 and 2013 c 338 s 4 are each amended to read as follows:
When a person has been
involuntarily committed for treatment to a hospital for a period of ninety or
one hundred eighty days, and the superintendent or professional person in
charge of the hospital determines that the person no longer requires active
psychiatric treatment at an inpatient level of care, the ((regional support
network)) behavioral health and recovery organization responsible
for resource management services for the person must work with the hospital to
develop an individualized discharge plan and arrange for a transition to the
community in accordance with the person's individualized discharge plan within
twenty-one days of the determination.
Sec. 167. RCW 71.05.445 and 2013 c 200 s 31 are each amended to read as follows:
(1)(a) When a mental health service provider conducts its initial assessment for a person receiving court-ordered treatment, the service provider shall inquire and shall be told by the offender whether he or she is subject to supervision by the department of corrections.
(b) When a person receiving court-ordered treatment or treatment ordered by the department of corrections discloses to his or her mental health service provider that he or she is subject to supervision by the department of corrections, the mental health service provider shall notify the department of corrections that he or she is treating the offender and shall notify the offender that his or her community corrections officer will be notified of the treatment, provided that if the offender has received relief from disclosure pursuant to RCW 9.94A.562, 70.96A.155, or 71.05.132 and the offender has provided the mental health service provider with a copy of the order granting relief from disclosure pursuant to RCW 9.94A.562, 70.96A.155, or 71.05.132, the mental health service provider is not required to notify the department of corrections that the mental health service provider is treating the offender. The notification may be written or oral and shall not require the consent of the offender. If an oral notification is made, it must be confirmed by a written notification. For purposes of this section, a written notification includes notification by e-mail or facsimile, so long as the notifying mental health service provider is clearly identified.
(2) The information to be released to the department of corrections shall include all relevant records and reports, as defined by rule, necessary for the department of corrections to carry out its duties.
(3) The department and the
department of corrections, in consultation with ((regional support networks))
behavioral health and recovery organizations, mental health service
providers as defined in RCW 71.05.020, mental health consumers, and advocates
for persons with mental illness, shall adopt rules to implement the provisions
of this section related to the type and scope of information to be released.
These rules shall:
(a) Enhance and facilitate the ability of the department of corrections to carry out its responsibility of planning and ensuring community protection with respect to persons subject to sentencing under chapter 9.94A or 9.95 RCW, including accessing and releasing or disclosing information of persons who received mental health services as a minor; and
(b) Establish requirements for the notification of persons under the supervision of the department of corrections regarding the provisions of this section.
(4) The information received by the department of corrections under this section shall remain confidential and subject to the limitations on disclosure outlined in chapter 71.05 RCW, except as provided in RCW 72.09.585.
(5) No mental health service provider or individual employed by a mental health service provider shall be held responsible for information released to or used by the department of corrections under the provisions of this section or rules adopted under this section.
(6) Whenever federal law or federal regulations restrict the release of information contained in the treatment records of any patient who receives treatment for alcoholism or drug dependency, the release of the information may be restricted as necessary to comply with federal law and regulations.
(7) This section does not modify the terms and conditions of disclosure of information related to sexually transmitted diseases under chapter 70.24 RCW.
(8) The department shall, subject
to available resources, electronically, or by the most cost-effective means
available, provide the department of corrections with the names, last dates of
services, and addresses of specific ((regional support networks)) behavioral
health and recovery organizations and mental health service providers that
delivered mental health services to a person subject to chapter 9.94A or 9.95
RCW pursuant to an agreement between the departments.
Sec. 168. RCW 71.05.730 and 2011 c 343 s 2 are each amended to read as follows:
(1) A county may apply to its ((regional
support network)) behavioral health and recovery organization on a
quarterly basis for reimbursement of its direct costs in providing judicial
services for civil commitment cases under this chapter and chapter 71.34 RCW.
The ((regional support network)) behavioral health and recovery
organization shall in turn be entitled to reimbursement from the ((regional
support network)) behavioral health and recovery organization that
serves the county of residence of the individual who is the subject of the
civil commitment case. Reimbursements under this section shall be paid out of
the ((regional support network's)) behavioral health and recovery
organization's nonmedicaid appropriation.
(2) Reimbursement for judicial services shall be provided per civil commitment case at a rate to be determined based on an independent assessment of the county's actual direct costs. This assessment must be based on an average of the expenditures for judicial services within the county over the past three years. In the event that a baseline cannot be established because there is no significant history of similar cases within the county, the reimbursement rate shall be equal to eighty percent of the median reimbursement rate of counties included in the independent assessment.
(3) For the purposes of this section:
(a) "Civil commitment case" includes all judicial hearings related to a single episode of hospitalization, or less restrictive alternative detention in lieu of hospitalization, except that the filing of a petition for a one hundred eighty-day commitment under this chapter or a petition for a successive one hundred eighty-day commitment under chapter 71.34 RCW shall be considered to be a new case regardless of whether there has been a break in detention. "Civil commitment case" does not include the filing of a petition for a one hundred eighty-day commitment under this chapter on behalf of a patient at a state psychiatric hospital.
(b) "Judicial services" means a county's reasonable direct costs in providing prosecutor services, assigned counsel and defense services, court services, and court clerk services for civil commitment cases under this chapter and chapter 71.34 RCW.
(4) To the extent that resources
have shared purpose, the ((regional support network)) behavioral
health and recovery organization may only reimburse counties to the extent
such resources are necessary for and devoted to judicial services as described
in this section.
(5) No filing fee may be charged or collected for any civil commitment case subject to reimbursement under this section.
Sec. 169. RCW 71.05.740 and 2013 c 216 s 2 are each amended to read as follows:
By August 1, 2013, all ((regional
support networks)) behavioral health and recovery organizations in
the state of Washington must forward historical mental health involuntary
commitment information retained by the organization including identifying
information and dates of commitment to the department. As soon as feasible,
the ((regional support networks)) behavioral health and recovery
organizations must arrange to report new commitment data to the department
within twenty-four hours. Commitment information under this section does not
need to be resent if it is already in the possession of the department. ((Regional
support networks)) Behavioral health and recovery organizations and
the department shall be immune from liability related to the sharing of
commitment information under this section.
Sec. 170. RCW 71.34.330 and 2011 c 343 s 8 are each amended to read as follows:
Attorneys appointed for minors under this chapter shall be compensated for their services as follows:
(1) Responsible others shall bear the costs of such legal services if financially able according to standards set by the court of the county in which the proceeding is held.
(2) If all responsible others are
indigent as determined by these standards, the ((regional support network))
behavioral health and recovery organization shall reimburse the county
in which the proceeding is held for the direct costs of such legal services, as
provided in RCW 71.05.730.
Sec. 171. RCW 71.34.415 and 2011 c 343 s 4 are each amended to read as follows:
A county may apply to its ((regional
support network)) behavioral health and recovery organization for
reimbursement of its direct costs in providing judicial services for civil
commitment cases under this chapter, as provided in RCW 71.05.730.
Sec. 172. RCW 71.36.010 and 2007 c 359 s 2 are each amended to read as follows:
Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
(1) "Agency" means a state, tribal, or local governmental entity or a private not-for-profit organization.
(2) "Child" means a person under eighteen years of age, except as expressly provided otherwise in state or federal law.
(3) "Consensus-based" means a program or practice that has general support among treatment providers and experts, based on experience or professional literature, and may have anecdotal or case study support, or that is agreed but not possible to perform studies with random assignment and controlled groups.
(4) "County authority" means the board of county commissioners or county executive.
(5) "Department" means the department of social and health services.
(6) "Early periodic screening, diagnosis, and treatment" means the component of the federal medicaid program established pursuant to 42 U.S.C. Sec. 1396d(r), as amended.
(7) "Evidence-based" means a program or practice that has had multiple site random controlled trials across heterogeneous populations demonstrating that the program or practice is effective for the population.
(8) "Family" means a child's biological parents, adoptive parents, foster parents, guardian, legal custodian authorized pursuant to Title 26 RCW, a relative with whom a child has been placed by the department of social and health services, or a tribe.
(9) "Promising practice" or "emerging best practice" means a practice that presents, based upon preliminary information, potential for becoming a research‑based or consensus‑based practice.
(10) "((Regional support
network)) Behavioral health and recovery organization" means a
county authority or group of county authorities or other nonprofit entity that
has entered into contracts with the secretary pursuant to chapter 71.24 RCW.
(11) "Research-based" means a program or practice that has some research demonstrating effectiveness, but that does not yet meet the standard of evidence-based practices.
(12) "Secretary" means the secretary of social and health services.
(13) "Wraparound process" means a family driven planning process designed to address the needs of children and youth by the formation of a team that empowers families to make key decisions regarding the care of the child or youth in partnership with professionals and the family's natural community supports. The team produces a community- based and culturally competent intervention plan which identifies the strengths and needs of the child or youth and family and defines goals that the team collaborates on achieving with respect for the unique cultural values of the family. The "wraparound process" shall emphasize principles of persistence and outcome-based measurements of success.
Sec. 173. RCW 71.36.025 and 2007 c 359 s 3 are each amended to read as follows:
(1) It is the goal of the legislature that, by 2012, the children's mental health system in Washington state include the following elements:
(a) A continuum of services from early identification, intervention, and prevention through crisis intervention and inpatient treatment, including peer support and parent mentoring services;
(b) Equity in access to services for similarly situated children, including children with co-occurring disorders;
(c) Developmentally appropriate, high quality, and culturally competent services available statewide;
(d) Treatment of each child in the context of his or her family and other persons that are a source of support and stability in his or her life;
(e) A sufficient supply of qualified and culturally competent children's mental health providers;
(f) Use of developmentally appropriate evidence-based and research‑based practices;
(g) Integrated and flexible services to meet the needs of children who, due to mental illness or emotional or behavioral disturbance, are at risk of out-of-home placement or involved with multiple child- serving systems.
(2) The effectiveness of the
children's mental health system shall be determined through the use of
outcome-based performance measures. The department and the evidence-based
practice institute established in RCW 71.24.061, in consultation with parents,
caregivers, youth, ((regional support networks)) behavioral health
and recovery organizations, mental health services providers, health plans,
primary care providers, tribes, and others, shall develop outcome-based performance
measures such as:
(a) Decreased emergency room utilization;
(b) Decreased psychiatric hospitalization;
(c) Lessening of symptoms, as measured by commonly used assessment tools;
(d) Decreased out-of-home placement, including residential, group, and foster care, and increased stability of such placements, when necessary;
(e) Decreased runaways from home or residential placements;
(f) Decreased rates of chemical dependency;
(g) Decreased involvement with the juvenile justice system;
(h) Improved school attendance and performance;
(i) Reductions in school or child care suspensions or expulsions;
(j) Reductions in use of prescribed medication where cognitive behavioral therapies are indicated;
(k) Improved rates of high school graduation and employment; and
(l) Decreased use of mental health services upon reaching adulthood for mental disorders other than those that require ongoing treatment to maintain stability.
Performance measure reporting for children's mental health services should be integrated into existing performance measurement and reporting systems developed and implemented under chapter 71.24 RCW.
Sec. 174. RCW 71.36.040 and 2003 c 281 s 2 are each amended to read as follows:
(1) The legislature supports recommendations made in the August 2002 study of the public mental health system for children conducted by the joint legislative audit and review committee.
(2) The department shall, within available funds:
(a) Identify internal business operation issues that limit the agency's ability to meet legislative intent to coordinate existing categorical children's mental health programs and funding;
(b) Collect reliable mental health cost, service, and outcome data specific to children. This information must be used to identify best practices and methods of improving fiscal management;
(c) Revise the early periodic screening diagnosis and treatment plan to reflect the mental health system structure in place on July 27, 2003, and thereafter revise the plan as necessary to conform to subsequent changes in the structure.
(3) The department and the office
of the superintendent of public instruction shall jointly identify school
districts where mental health and education systems coordinate services and
resources to provide public mental health care for children. The department
and the office of the superintendent of public instruction shall work together
to share information about these approaches with other school districts, ((regional
support networks)) behavioral health and recovery organizations, and
state agencies.
Sec. 175. RCW 72.09.350 and 1993 c 459 s 1 are each amended to read as follows:
(1) The department of corrections
and the University of Washington may enter into a collaborative arrangement to
provide improved services for ((mentally ill)) offenders with mental
illness with a focus on prevention, treatment, and reintegration into
society. The participants in the collaborative arrangement may develop a
strategic plan within sixty days after May 17, 1993, to address the management
of ((mentally ill)) offenders with mental illness within the
correctional system, facilitating their reentry into the community and the
mental health system, and preventing the inappropriate incarceration of ((mentally
ill)) individuals with mental illness. The collaborative
arrangement may also specify the establishment and maintenance of a corrections
mental health center located at McNeil Island corrections center. The
collaborative arrangement shall require that an advisory panel of key
stakeholders be established and consulted throughout the development and
implementation of the center. The stakeholders advisory panel shall include a
broad array of interest groups drawn from representatives of mental health,
criminal justice, and correctional systems. The stakeholders advisory panel
shall include, but is not limited to, membership from: The department of
corrections, the department of social and health services mental health
division and division of juvenile rehabilitation, ((regional support
networks)) behavioral health and recovery organizations, local and
regional law enforcement agencies, the sentencing guidelines commission, county
and city jails, mental health advocacy groups for ((the mentally ill,
developmentally disabled)) individuals with mental illness or
developmental disabilities, and the traumatically brain-injured, and
the general public. The center established by the department of corrections
and University of Washington, in consultation with the stakeholder advisory
groups, shall have the authority to:
(a) Develop new and innovative treatment approaches for corrections mental health clients;
(b) Improve the quality of mental health services within the department and throughout the corrections system;
(c) Facilitate mental health staff recruitment and training to meet departmental, county, and municipal needs;
(d) Expand research activities within the department in the area of treatment services, the design of delivery systems, the development of organizational models, and training for corrections mental health care professionals;
(e) Improve the work environment for correctional employees by developing the skills, knowledge, and understanding of how to work with offenders with special chronic mental health challenges;
(f) Establish a more positive rehabilitative environment for offenders;
(g) Strengthen multidisciplinary mental health collaboration between the University of Washington, other groups committed to the intent of this section, and the department of corrections;
(h) Strengthen department linkages between institutions of higher education, public sector mental health systems, and county and municipal corrections;
(i) Assist in the continued formulation of corrections mental health policies;
(j) Develop innovative and
effective recruitment and training programs for correctional personnel working
with ((mentally ill)) offenders with mental illness;
(k) Assist in the development of a coordinated continuum of mental health care capable of providing services from corrections entry to community return; and
(l) Evaluate all current and
innovative approaches developed within this center in terms of their effective
and efficient achievement of improved mental health of inmates, development and
utilization of personnel, the impact of these approaches on the functioning of
correctional institutions, and the relationship of the corrections system to
mental health and criminal justice systems. Specific attention should be paid
to evaluating the effects of programs on the reintegration of ((mentally ill))
offenders with mental illness into the community and the prevention of
inappropriate incarceration of ((mentally ill)) persons with mental
illness.
(2) The corrections mental health
center may conduct research, training, and treatment activities for the ((mentally
ill)) offender with mental illness within selected sites operated by
the department. The department shall provide support services for the center
such as food services, maintenance, perimeter security, classification,
offender supervision, and living unit functions. The University of Washington
may develop, implement, and evaluate the clinical, treatment, research, and
evaluation components of the mentally ill offender center. The institute of (([for]))
for public policy and management may be consulted regarding the
development of the center and in the recommendations regarding public policy.
As resources permit, training within the center shall be available to state,
county, and municipal agencies requiring the services. Other state colleges,
state universities, and mental health providers may be involved in activities
as required on a subcontract basis. Community mental health organizations,
research groups, and community advocacy groups may be critical components of
the center's operations and involved as appropriate to annual objectives. ((Mentally
ill)) Clients with mental illness may be drawn from
throughout the department's population and transferred to the center as
clinical need, available services, and department jurisdiction permits.
(3) The department shall prepare a report of the center's progress toward the attainment of stated goals and provide the report to the legislature annually.
Sec. 176. RCW 72.09.370 and 2009 c 319 s 3 and 2009 c 28 s 36 are each reenacted and amended to read as follows:
(1) The offender reentry community safety program is established to provide intensive services to offenders identified under this subsection and to thereby promote public safety. The secretary shall identify offenders in confinement or partial confinement who: (a) Are reasonably believed to be dangerous to themselves or others; and (b) have a mental disorder. In determining an offender's dangerousness, the secretary shall consider behavior known to the department and factors, based on research, that are linked to an increased risk for dangerousness of offenders with mental illnesses and shall include consideration of an offender's chemical dependency or abuse.
(2) Prior to release of an offender
identified under this section, a team consisting of representatives of the
department of corrections, the division of mental health, and, as necessary,
the indeterminate sentence review board, other divisions or administrations
within the department of social and health services, specifically including the
division of alcohol and substance abuse and the division of developmental
disabilities, the appropriate ((regional support network)) behavioral
health and recovery organization, and the providers, as appropriate, shall
develop a plan, as determined necessary by the team, for delivery of treatment
and support services to the offender upon release. In developing the plan, the
offender shall be offered assistance in executing a mental health directive
under chapter 71.32 RCW, after being fully informed of the benefits, scope, and
purposes of such directive. The team may include a school district
representative for offenders under the age of twenty-one. The team shall
consult with the offender's counsel, if any, and, as appropriate, the
offender's family and community. The team shall notify the crime
victim/witness program, which shall provide notice to all people registered to
receive notice under RCW 72.09.712 of the proposed release plan developed by
the team. Victims, witnesses, and other interested people notified by the
department may provide information and comments to the department on potential
safety risk to specific individuals or classes of individuals posed by the
specific offender. The team may recommend: (a) That the offender be evaluated
by the designated mental health professional, as defined in chapter 71.05 RCW;
(b) department-supervised community treatment; or (c) voluntary community
mental health or chemical dependency or abuse treatment.
(3) Prior to release of an offender identified under this section, the team shall determine whether or not an evaluation by a designated mental health professional is needed. If an evaluation is recommended, the supporting documentation shall be immediately forwarded to the appropriate designated mental health professional. The supporting documentation shall include the offender's criminal history, history of judicially required or administratively ordered involuntary antipsychotic medication while in confinement, and any known history of involuntary civil commitment.
(4) If an evaluation by a designated mental health professional is recommended by the team, such evaluation shall occur not more than ten days, nor less than five days, prior to release.
(5) A second evaluation by a designated mental health professional shall occur on the day of release if requested by the team, based upon new information or a change in the offender's mental condition, and the initial evaluation did not result in an emergency detention or a summons under chapter 71.05 RCW.
(6) If the designated mental health professional determines an emergency detention under chapter 71.05 RCW is necessary, the department shall release the offender only to a state hospital or to a consenting evaluation and treatment facility. The department shall arrange transportation of the offender to the hospital or facility.
(7) If the designated mental health professional believes that a less restrictive alternative treatment is appropriate, he or she shall seek a summons, pursuant to the provisions of chapter 71.05 RCW, to require the offender to appear at an evaluation and treatment facility. If a summons is issued, the offender shall remain within the corrections facility until completion of his or her term of confinement and be transported, by corrections personnel on the day of completion, directly to the identified evaluation and treatment facility.
(8) The secretary shall adopt rules to implement this section.
Sec. 177. RCW 72.09.381 and 1999 c 214 s 11 are each amended to read as follows:
The secretary of the department of
corrections and the secretary of the department of social and health services
shall, in consultation with the ((regional support networks)) behavioral
health and recovery organizations and provider representatives, each adopt
rules as necessary to implement chapter 214, Laws of 1999.
Sec. 178. RCW 72.10.060 and 1998 c 297 s 48 are each amended to read as follows:
The secretary shall, for any person committed to a state correctional facility after July 1, 1998, inquire at the time of commitment whether the person had received outpatient mental health treatment within the two years preceding confinement and the name of the person providing the treatment.
The secretary shall inquire of the treatment provider if he or she wishes to be notified of the release of the person from confinement, for purposes of offering treatment upon the inmate's release. If the treatment provider wishes to be notified of the inmate's release, the secretary shall attempt to provide such notice at least seven days prior to release.
At the time of an inmate's release
if the secretary is unable to locate the treatment provider, the secretary
shall notify the ((regional support network)) behavioral health and
recovery organization in the county the inmate will most likely reside
following release.
If the secretary has, prior to the release from the facility, evaluated the inmate and determined he or she requires postrelease mental health treatment, a copy of relevant records and reports relating to the inmate's mental health treatment or status shall be promptly made available to the offender's present or future treatment provider. The secretary shall determine which records and reports are relevant and may provide a summary in lieu of copies of the records.
Sec. 179. RCW 72.23.025 and 2011 1st sp.s. c 21 s 1 are each amended to read as follows:
(1) It is the intent of the
legislature to improve the quality of service at state hospitals, eliminate
overcrowding, and more specifically define the role of the state hospitals.
The legislature intends that eastern and western state hospitals shall become
clinical centers for handling the most complicated long-term care needs of
patients with a primary diagnosis of mental disorder. To this end, the
legislature intends that funds appropriated for mental health programs,
including funds for ((regional support networks)) behavioral health
and recovery organizations and the state hospitals be used for persons with
primary diagnosis of mental disorder. The legislature finds that establishment
of institutes for the study and treatment of mental disorders at both eastern
state hospital and western state hospital will be instrumental in implementing
the legislative intent.
(2)(a) There is established at eastern state hospital and western state hospital, institutes for the study and treatment of mental disorders. The institutes shall be operated by joint operating agreements between state colleges and universities and the department of social and health services. The institutes are intended to conduct training, research, and clinical program development activities that will directly benefit persons with mental illness who are receiving treatment in Washington state by performing the following activities:
(i) Promote recruitment and retention of highly qualified professionals at the state hospitals and community mental health programs;
(ii) Improve clinical care by exploring new, innovative, and scientifically based treatment models for persons presenting particularly difficult and complicated clinical syndromes;
(iii) Provide expanded training opportunities for existing staff at the state hospitals and community mental health programs;
(iv) Promote bilateral understanding of treatment orientation, possibilities, and challenges between state hospital professionals and community mental health professionals.
(b) To accomplish these purposes the institutes may, within funds appropriated for this purpose:
(i) Enter joint operating agreements with state universities or other institutions of higher education to accomplish the placement and training of students and faculty in psychiatry, psychology, social work, occupational therapy, nursing, and other relevant professions at the state hospitals and community mental health programs;
(ii) Design and implement clinical research projects to improve the quality and effectiveness of state hospital services and operations;
(iii) Enter into agreements with community mental health service providers to accomplish the exchange of professional staff between the state hospitals and community mental health service providers;
(iv) Establish a student loan forgiveness and conditional scholarship program to retain qualified professionals at the state hospitals and community mental health providers when the secretary has determined a shortage of such professionals exists.
(c) Notwithstanding any other provisions of law to the contrary, the institutes may enter into agreements with the department or the state hospitals which may involve changes in staffing necessary to implement improved patient care programs contemplated by this section.
(d) The institutes are authorized to seek and accept public or private gifts, grants, contracts, or donations to accomplish their purposes under this section.
Sec. 180. RCW 74.09.515 and 2011 1st sp.s. c 15 s 26 are each amended to read as follows:
(1) The authority shall adopt rules and policies providing that when youth who were enrolled in a medical assistance program immediately prior to confinement are released from confinement, their medical assistance coverage will be fully reinstated on the day of their release, subject to any expedited review of their continued eligibility for medical assistance coverage that is required under federal or state law.
(2) The authority, in collaboration
with the department, county juvenile court administrators, and ((regional
support networks)) behavioral health and recovery organizations,
shall establish procedures for coordination between department field offices,
juvenile rehabilitation administration institutions, and county juvenile courts
that result in prompt reinstatement of eligibility and speedy eligibility
determinations for youth who are likely to be eligible for medical assistance
services upon release from confinement. Procedures developed under this
subsection must address:
(a) Mechanisms for receiving medical assistance services' applications on behalf of confined youth in anticipation of their release from confinement;
(b) Expeditious review of applications filed by or on behalf of confined youth and, to the extent practicable, completion of the review before the youth is released; and
(c) Mechanisms for providing medical assistance services' identity cards to youth eligible for medical assistance services immediately upon their release from confinement.
(3) For purposes of this section, "confined" or "confinement" means detained in a facility operated by or under contract with the department of social and health services, juvenile rehabilitation administration, or detained in a juvenile detention facility operated under chapter 13.04 RCW.
(4) The authority shall adopt standardized statewide screening and application practices and forms designed to facilitate the application of a confined youth who is likely to be eligible for a medical assistance program.
Sec. 181. RCW 74.09.521 and 2011 1st sp.s. c 15 s 28 are each amended to read as follows:
(1) To the extent that funds are
specifically appropriated for this purpose the authority shall revise its
medicaid healthy options managed care and fee-for-service program standards
under medicaid, Title XIX of the federal social security act to improve access
to mental health services for children who do not meet the ((regional
support network)) behavioral health and recovery organization access
to care standards. The program standards shall be revised to allow outpatient
therapy services to be provided by licensed mental health professionals, as
defined in RCW 71.34.020, or by a mental health professional regulated under
Title 18 RCW who is under the direct supervision of a licensed mental health
professional, and up to twenty outpatient therapy hours per calendar year,
including family therapy visits integral to a child's treatment. This section
shall be administered in a manner consistent with federal early and periodic
screening, diagnosis, and treatment requirements related to the receipt of
medically necessary services when a child's need for such services is
identified through developmental screening.
(2) The authority and the children's mental health evidence-based practice institute established in RCW 71.24.061 shall collaborate to encourage and develop incentives for the use of prescribing practices and evidence-based and research-based treatment practices developed under RCW 74.09.490 by mental health professionals serving children under this section.
Sec. 182. RCW 74.09.555 and 2011 1st sp.s. c 36 s 32 and 2011 1st sp.s c 15 s 34 are each reenacted and amended to read as follows:
(1) The authority shall adopt rules and policies providing that when persons with a mental disorder, who were enrolled in medical assistance immediately prior to confinement, are released from confinement, their medical assistance coverage will be fully reinstated on the day of their release, subject to any expedited review of their continued eligibility for medical assistance coverage that is required under federal or state law.
(2) The authority, in collaboration
with the Washington association of sheriffs and police chiefs, the department
of corrections, and the ((regional support networks)) behavioral
health and recovery organizations, shall establish procedures for
coordination between the authority and department field offices, institutions
for mental disease, and correctional institutions, as defined in RCW 9.94.049,
that result in prompt reinstatement of eligibility and speedy eligibility
determinations for persons who are likely to be eligible for medical assistance
services upon release from confinement. Procedures developed under this
subsection must address:
(a) Mechanisms for receiving medical assistance services applications on behalf of confined persons in anticipation of their release from confinement;
(b) Expeditious review of applications filed by or on behalf of confined persons and, to the extent practicable, completion of the review before the person is released;
(c) Mechanisms for providing medical assistance services identity cards to persons eligible for medical assistance services immediately upon their release from confinement; and
(d) Coordination with the federal social security administration, through interagency agreements or otherwise, to expedite processing of applications for federal supplemental security income or social security disability benefits, including federal acceptance of applications on behalf of confined persons.
(3) Where medical or psychiatric examinations during a person's confinement indicate that the person is disabled, the correctional institution or institution for mental diseases shall provide the authority with that information for purposes of making medical assistance eligibility and enrollment determinations prior to the person's release from confinement. The authority shall, to the maximum extent permitted by federal law, use the examination in making its determination whether the person is disabled and eligible for medical assistance.
(4) For purposes of this section, "confined" or "confinement" means incarcerated in a correctional institution, as defined in RCW 9.94.049, or admitted to an institute for mental disease, as defined in 42 C.F.R. part 435, Sec. 1009 on July 24, 2005.
(5) For purposes of this section, "likely to be eligible" means that a person:
(a) Was enrolled in medicaid or supplemental security income or the medical care services program immediately before he or she was confined and his or her enrollment was terminated during his or her confinement; or
(b) Was enrolled in medicaid or supplemental security income or the medical care services program at any time during the five years before his or her confinement, and medical or psychiatric examinations during the person's confinement indicate that the person continues to be disabled and the disability is likely to last at least twelve months following release.
(6) The economic services administration within the department shall adopt standardized statewide screening and application practices and forms designed to facilitate the application of a confined person who is likely to be eligible for medicaid.
Sec. 183. RCW 74.34.068 and 2001 c 233 s 2 are each amended to read as follows:
(1) After the investigation is
complete, the department may provide a written report of the outcome of the
investigation to an agency or program described in this subsection when the
department determines from its investigation that an incident of abuse,
abandonment, financial exploitation, or neglect occurred. Agencies or programs
that may be provided this report are home health, hospice, or home care
agencies, or after January 1, 2002, any in-home services agency licensed under
chapter 70.127 RCW, a program authorized under chapter 71A.12 RCW, an adult day
care or day health program, ((regional support networks)) behavioral
health and recovery organizations authorized under chapter 71.24 RCW, or
other agencies. The report may contain the name of the vulnerable adult and
the alleged perpetrator. The report shall not disclose the identity of the
person who made the report or any witness without the written permission of the
reporter or witness. The department shall notify the alleged perpetrator
regarding the outcome of the investigation. The name of the vulnerable adult
must not be disclosed during this notification.
(2) The department may also refer a report or outcome of an investigation to appropriate state or local governmental authorities responsible for licensing or certification of the agencies or programs listed in subsection (1) of this section.
(3) The department shall adopt rules necessary to implement this section.
Sec. 184. RCW 82.04.4277 and 2011 1st sp.s. c 19 s 1 are each amended to read as follows:
(1) A health or social welfare organization may deduct from the measure of tax amounts received as compensation for providing mental health services under a government-funded program.
(2) A ((regional support network))
behavioral health and recovery organization may deduct from the measure
of tax amounts received from the state of Washington for distribution to a
health or social welfare organization that is eligible to deduct the
distribution under subsection (1) of this section.
(3) A person claiming a deduction under this section must file a complete annual report with the department under RCW 82.32.534.
(4) The definitions in this subsection apply to this section.
(a) "Health or social welfare organization" has the meaning provided in RCW 82.04.431.
(b) "Mental health
services" and "((regional support network)) behavioral
health and recovery organization" have the meanings provided in RCW
71.24.025.
(5) This section expires August 1, 2016.
Sec. 185. RCW 70.38.111 and 2012 c 10 s 48 are each amended to read as follows:
(1) The department shall not require a certificate of need for the offering of an inpatient tertiary health service by:
(a) A health maintenance organization or a combination of health maintenance organizations if (i) the organization or combination of organizations has, in the service area of the organization or the service areas of the organizations in the combination, an enrollment of at least fifty thousand individuals, (ii) the facility in which the service will be provided is or will be geographically located so that the service will be reasonably accessible to such enrolled individuals, and (iii) at least seventy-five percent of the patients who can reasonably be expected to receive the tertiary health service will be individuals enrolled with such organization or organizations in the combination;
(b) A health care facility if (i) the facility primarily provides or will provide inpatient health services, (ii) the facility is or will be controlled, directly or indirectly, by a health maintenance organization or a combination of health maintenance organizations which has, in the service area of the organization or service areas of the organizations in the combination, an enrollment of at least fifty thousand individuals, (iii) the facility is or will be geographically located so that the service will be reasonably accessible to such enrolled individuals, and (iv) at least seventy-five percent of the patients who can reasonably be expected to receive the tertiary health service will be individuals enrolled with such organization or organizations in the combination; or
(c) A health care facility (or portion thereof) if (i) the facility is or will be leased by a health maintenance organization or combination of health maintenance organizations which has, in the service area of the organization or the service areas of the organizations in the combination, an enrollment of at least fifty thousand individuals and, on the date the application is submitted under subsection (2) of this section, at least fifteen years remain in the term of the lease, (ii) the facility is or will be geographically located so that the service will be reasonably accessible to such enrolled individuals, and (iii) at least seventy-five percent of the patients who can reasonably be expected to receive the tertiary health service will be individuals enrolled with such organization;
if, with respect to such offering or obligation by a nursing home, the department has, upon application under subsection (2) of this section, granted an exemption from such requirement to the organization, combination of organizations, or facility.
(2) A health maintenance organization, combination of health maintenance organizations, or health care facility shall not be exempt under subsection (1) of this section from obtaining a certificate of need before offering a tertiary health service unless:
(a) It has submitted at least thirty days prior to the offering of services reviewable under RCW 70.38.105(4)(d) an application for such exemption; and
(b) The application contains such information respecting the organization, combination, or facility and the proposed offering or obligation by a nursing home as the department may require to determine if the organization or combination meets the requirements of subsection (1) of this section or the facility meets or will meet such requirements; and
(c) The department approves such application. The department shall approve or disapprove an application for exemption within thirty days of receipt of a completed application. In the case of a proposed health care facility (or portion thereof) which has not begun to provide tertiary health services on the date an application is submitted under this subsection with respect to such facility (or portion), the facility (or portion) shall meet the applicable requirements of subsection (1) of this section when the facility first provides such services. The department shall approve an application submitted under this subsection if it determines that the applicable requirements of subsection (1) of this section are met.
(3) A health care facility (or any part thereof) with respect to which an exemption was granted under subsection (1) of this section may not be sold or leased and a controlling interest in such facility or in a lease of such facility may not be acquired and a health care facility described in (1)(c) which was granted an exemption under subsection (1) of this section may not be used by any person other than the lessee described in (1)(c) unless:
(a) The department issues a certificate of need approving the sale, lease, acquisition, or use; or
(b) The department determines, upon application, that (i) the entity to which the facility is proposed to be sold or leased, which intends to acquire the controlling interest, or which intends to use the facility is a health maintenance organization or a combination of health maintenance organizations which meets the requirements of (1)(a)(i), and (ii) with respect to such facility, meets the requirements of (1)(a)(ii) or (iii) or the requirements of (1)(b)(i) and (ii).
(4) In the case of a health maintenance organization, an ambulatory care facility, or a health care facility, which ambulatory or health care facility is controlled, directly or indirectly, by a health maintenance organization or a combination of health maintenance organizations, the department may under the program apply its certificate of need requirements to the offering of inpatient tertiary health services to the extent that such offering is not exempt under the provisions of this section or RCW 70.38.105(7).
(5)(a) The department shall not require a certificate of need for the construction, development, or other establishment of a nursing home, or the addition of beds to an existing nursing home, that is owned and operated by a continuing care retirement community that:
(i) Offers services only to contractual members;
(ii) Provides its members a contractually guaranteed range of services from independent living through skilled nursing, including some assistance with daily living activities;
(iii) Contractually assumes responsibility for the cost of services exceeding the member's financial responsibility under the contract, so that no third party, with the exception of insurance purchased by the retirement community or its members, but including the medicaid program, is liable for costs of care even if the member depletes his or her personal resources;
(iv) Has offered continuing care contracts and operated a nursing home continuously since January 1, 1988, or has obtained a certificate of need to establish a nursing home;
(v) Maintains a binding agreement with the state assuring that financial liability for services to members, including nursing home services, will not fall upon the state;
(vi) Does not operate, and has not undertaken a project that would result in a number of nursing home beds in excess of one for every four living units operated by the continuing care retirement community, exclusive of nursing home beds; and
(vii) Has obtained a professional review of pricing and long-term solvency within the prior five years which was fully disclosed to members.
(b) A continuing care retirement community shall not be exempt under this subsection from obtaining a certificate of need unless:
(i) It has submitted an application for exemption at least thirty days prior to commencing construction of, is submitting an application for the licensure of, or is commencing operation of a nursing home, whichever comes first; and
(ii) The application documents to the department that the continuing care retirement community qualifies for exemption.
(c) The sale, lease, acquisition, or use of part or all of a continuing care retirement community nursing home that qualifies for exemption under this subsection shall require prior certificate of need approval to qualify for licensure as a nursing home unless the department determines such sale, lease, acquisition, or use is by a continuing care retirement community that meets the conditions of (a) of this subsection.
(6) A rural hospital, as defined by the department, reducing the number of licensed beds to become a rural primary care hospital under the provisions of Part A Title XVIII of the Social Security Act Section 1820, 42 U.S.C., 1395c et seq. may, within three years of the reduction of beds licensed under chapter 70.41 RCW, increase the number of licensed beds to no more than the previously licensed number without being subject to the provisions of this chapter.
(7) A rural health care facility licensed under RCW 70.175.100 formerly licensed as a hospital under chapter 70.41 RCW may, within three years of the effective date of the rural health care facility license, apply to the department for a hospital license and not be subject to the requirements of RCW 70.38.105(4)(a) as the construction, development, or other establishment of a new hospital, provided there is no increase in the number of beds previously licensed under chapter 70.41 RCW and there is no redistribution in the number of beds used for acute care or long-term care, the rural health care facility has been in continuous operation, and the rural health care facility has not been purchased or leased.
(8)(a) A nursing home that voluntarily reduces the number of its licensed beds to provide assisted living, licensed assisted living facility care, adult day care, adult day health, respite care, hospice, outpatient therapy services, congregate meals, home health, or senior wellness clinic, or to reduce to one or two the number of beds per room or to otherwise enhance the quality of life for residents in the nursing home, may convert the original facility or portion of the facility back, and thereby increase the number of nursing home beds to no more than the previously licensed number of nursing home beds without obtaining a certificate of need under this chapter, provided the facility has been in continuous operation and has not been purchased or leased. Any conversion to the original licensed bed capacity, or to any portion thereof, shall comply with the same life and safety code requirements as existed at the time the nursing home voluntarily reduced its licensed beds; unless waivers from such requirements were issued, in which case the converted beds shall reflect the conditions or standards that then existed pursuant to the approved waivers.
(b) To convert beds back to nursing home beds under this subsection, the nursing home must:
(i) Give notice of its intent to preserve conversion options to the department of health no later than thirty days after the effective date of the license reduction; and
(ii) Give notice to the department of health and to the department of social and health services of the intent to convert beds back. If construction is required for the conversion of beds back, the notice of intent to convert beds back must be given, at a minimum, one year prior to the effective date of license modification reflecting the restored beds; otherwise, the notice must be given a minimum of ninety days prior to the effective date of license modification reflecting the restored beds. Prior to any license modification to convert beds back to nursing home beds under this section, the licensee must demonstrate that the nursing home meets the certificate of need exemption requirements of this section.
The term "construction," as used in (b)(ii) of this subsection, is limited to those projects that are expected to equal or exceed the expenditure minimum amount, as determined under this chapter.
(c) Conversion of beds back under this subsection must be completed no later than four years after the effective date of the license reduction. However, for good cause shown, the four-year period for conversion may be extended by the department of health for one additional four-year period.
(d) Nursing home beds that have been voluntarily reduced under this section shall be counted as available nursing home beds for the purpose of evaluating need under RCW 70.38.115(2) (a) and (k) so long as the facility retains the ability to convert them back to nursing home use under the terms of this section.
(e) When a building owner has secured an interest in the nursing home beds, which are intended to be voluntarily reduced by the licensee under (a) of this subsection, the applicant shall provide the department with a written statement indicating the building owner's approval of the bed reduction.
(9)(a) The department shall not require a certificate of need for a hospice agency if:
(i) The hospice agency is designed to serve the unique religious or cultural needs of a religious group or an ethnic minority and commits to furnishing hospice services in a manner specifically aimed at meeting the unique religious or cultural needs of the religious group or ethnic minority;
(ii) The hospice agency is operated by an organization that:
(A) Operates a facility, or group of facilities, that offers a comprehensive continuum of long-term care services, including, at a minimum, a licensed, medicare-certified nursing home, assisted living, independent living, day health, and various community-based support services, designed to meet the unique social, cultural, and religious needs of a specific cultural and ethnic minority group;
(B) Has operated the facility or group of facilities for at least ten continuous years prior to the establishment of the hospice agency;
(iii) The hospice agency commits to coordinating with existing hospice programs in its community when appropriate;
(iv) The hospice agency has a census of no more than forty patients;
(v) The hospice agency commits to obtaining and maintaining medicare certification;
(vi) The hospice agency only serves patients located in the same county as the majority of the long-term care services offered by the organization that operates the agency; and
(vii) The hospice agency is not sold or transferred to another agency.
(b) The department shall include the patient census for an agency exempted under this subsection (9) in its calculations for future certificate of need applications.
(10) To alleviate the need to board psychiatric patients in emergency departments, for fiscal year 2015 the department shall suspend the certificate of need requirement for a hospital licensed under chapter 70.41 RCW that changes the use of licensed beds to increase the number of beds to provide psychiatric services, including involuntary treatment services. A certificate of need exemption under this section shall be valid for two years.
Sec. 186. RCW 18.205.040 and 2008 c 135 s 17 are each amended to read as follows:
(1) Except as provided in subsection (2) of this section, nothing in this chapter shall be construed to authorize the use of the title "certified chemical dependency professional" or "certified chemical dependency professional trainee" when treating patients in settings other than programs approved under chapter 70.96A RCW.
(2) A person who holds a credential as a "certified chemical dependency professional" or a "certified chemical dependency professional trainee" may use such title when treating patients in settings other than programs approved under chapter 70.96A RCW if the person also holds a license as: An advanced registered nurse practitioner under chapter 18.79 RCW; a marriage and family therapist, mental health counselor, advanced social worker, or independent clinical social health worker under chapter 18.225 RCW; a psychologist under chapter 18.83 RCW; an osteopathic physician under chapter 18.57 RCW; an osteopathic physician assistant under chapter 18.57A RCW; a physician under chapter 18.71 RCW; or a physician assistant under chapter 18.71A RCW.
Sec. 187. RCW 70.96A.350 and 2013 2nd sp.s. c 4 s 990 are each amended to read as follows:
(1) The criminal justice treatment account is created in the state treasury. Moneys in the account may be expended solely for: (a) Substance abuse treatment and treatment support services for offenders with an addiction or a substance abuse problem that, if not treated, would result in addiction, against whom charges are filed by a prosecuting attorney in Washington state; (b) the provision of drug and alcohol treatment services and treatment support services for nonviolent offenders within a drug court program; (c) the administrative and overhead costs associated with the operation of a drug court; and (d) during the 2011-2013 biennium, the legislature may appropriate up to three million dollars from the account in order to offset reductions in the state general fund for treatment services provided by counties. This amount is not subject to the requirements of subsections (5) through (9) of this section. During the 2013-2015 fiscal biennium, the legislature may transfer from the criminal justice treatment account to the state general fund amounts as reflect the state savings associated with the implementation of the medicaid expansion of the federal affordable care act. Moneys in the account may be spent only after appropriation.
(2) For purposes of this section:
(a) "Treatment" means services that are critical to a participant's successful completion of his or her substance abuse treatment program, but does not include the following services: Housing other than that provided as part of an inpatient substance abuse treatment program, vocational training, and mental health counseling; and
(b) "Treatment support" means transportation to or from inpatient or outpatient treatment services when no viable alternative exists, and child care services that are necessary to ensure a participant's ability to attend outpatient treatment sessions.
(3) Revenues to the criminal justice treatment account consist of: (a) Funds transferred to the account pursuant to this section; and (b) any other revenues appropriated to or deposited in the account.
(4)(a) For the fiscal biennium beginning July 1, 2003, the state treasurer shall transfer eight million nine hundred fifty thousand dollars from the general fund into the criminal justice treatment account, divided into eight equal quarterly payments. For the fiscal year beginning July 1, 2005, and each subsequent fiscal year, the state treasurer shall transfer eight million two hundred fifty thousand dollars from the general fund to the criminal justice treatment account, divided into four equal quarterly payments. For the fiscal year beginning July 1, 2006, and each subsequent fiscal year, the amount transferred shall be increased on an annual basis by the implicit price deflator as published by the federal bureau of labor statistics.
(b) In each odd-numbered year, the legislature shall appropriate the amount transferred to the criminal justice treatment account in (a) of this subsection to the division of alcohol and substance abuse for the purposes of subsection (5) of this section.
(5) Moneys appropriated to the division of alcohol and substance abuse from the criminal justice treatment account shall be distributed as specified in this subsection. The department shall serve as the fiscal agent for purposes of distribution. Until July 1, 2004, the department may not use moneys appropriated from the criminal justice treatment account for administrative expenses and shall distribute all amounts appropriated under subsection (4)(b) of this section in accordance with this subsection. Beginning in July 1, 2004, the department may retain up to three percent of the amount appropriated under subsection (4)(b) of this section for its administrative costs.
(a) Seventy percent of amounts appropriated to the division from the account shall be distributed to counties pursuant to the distribution formula adopted under this section. The division of alcohol and substance abuse, in consultation with the department of corrections, the Washington state association of counties, the Washington state association of drug court professionals, the superior court judges' association, the Washington association of prosecuting attorneys, representatives of the criminal defense bar, representatives of substance abuse treatment providers, and any other person deemed by the division to be necessary, shall establish a fair and reasonable methodology for distribution to counties of moneys in the criminal justice treatment account. County or regional plans submitted for the expenditure of formula funds must be approved by the panel established in (b) of this subsection.
(b) Thirty percent of the amounts appropriated to the division from the account shall be distributed as grants for purposes of treating offenders against whom charges are filed by a county prosecuting attorney. The division shall appoint a panel of representatives from the Washington association of prosecuting attorneys, the Washington association of sheriffs and police chiefs, the superior court judges' association, the Washington state association of counties, the Washington defender's association or the Washington association of criminal defense lawyers, the department of corrections, the Washington state association of drug court professionals, substance abuse treatment providers, and the division. The panel shall review county or regional plans for funding under (a) of this subsection and grants approved under this subsection. The panel shall attempt to ensure that treatment as funded by the grants is available to offenders statewide.
(6) The county alcohol and drug coordinator, county prosecutor, county sheriff, county superior court, a substance abuse treatment provider appointed by the county legislative authority, a member of the criminal defense bar appointed by the county legislative authority, and, in counties with a drug court, a representative of the drug court shall jointly submit a plan, approved by the county legislative authority or authorities, to the panel established in subsection (5)(b) of this section, for disposition of all the funds provided from the criminal justice treatment account within that county. The funds shall be used solely to provide approved alcohol and substance abuse treatment pursuant to RCW 70.96A.090, treatment support services, and for the administrative and overhead costs associated with the operation of a drug court.
(a) No more than ten percent of the total moneys received under subsections (4) and (5) of this section by a county or group of counties participating in a regional agreement shall be spent on the administrative and overhead costs associated with the operation of a drug court.
(b) No more than ten percent of the total moneys received under subsections (4) and (5) of this section by a county or group of counties participating in a regional agreement shall be spent for treatment support services.
(7) Counties are encouraged to consider regional agreements and submit regional plans for the efficient delivery of treatment under this section.
(8) Moneys allocated under this section shall be used to supplement, not supplant, other federal, state, and local funds used for substance abuse treatment.
(9) Counties must meet the criteria established in RCW 2.28.170(3)(b).
(10) The authority under this section to use funds from the criminal justice treatment account for the administrative and overhead costs associated with the operation of a drug court expires June 30, 2015.
(11) Expenditures from the criminal justice treatment account may only be used for the purposes set out in this section and does not include managed care purchasing for medicaid enrollees.
NEW SECTION. Sec. 188. Section 1 of this act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately.
NEW SECTION. Sec. 189. Sections 6, 7, 9 through 71, and 73 through 93 of this act take effect April 1, 2016.
NEW SECTION. Sec. 190. Section 72 of this act takes effect July 1, 2018."
Correct the title.
Signed by Representatives Hunter, Chair; Ormsby, Vice Chair; Ross, Assistant Ranking Minority Member; Wilcox, Assistant Ranking Minority Member; Buys; Carlyle; Christian; Cody; Dahlquist; Dunshee; Fagan; Green; Haigh; Haler; Harris; Hudgins; Hunt, S.; Jinkins; Kagi; Lytton; Morrell; Parker; Pettigrew; Schmick; Seaquist; Springer; Sullivan and Tharinger.
MINORITY recommendation: Do not pass. Signed by Representatives Chandler, Ranking Minority Member; Hunt, G. and Taylor.
Passed to Committee on Rules for second reading.
February 27, 2014
SB 6328 Prime Sponsor, Senator Roach: Concerning deferred compensation plans. Reported by Committee on Appropriations
MAJORITY recommendation: Do pass. Signed by Representatives Hunter, Chair; Ormsby, Vice Chair; Chandler, Ranking Minority Member; Ross, Assistant Ranking Minority Member; Wilcox, Assistant Ranking Minority Member; Buys; Carlyle; Christian; Cody; Dahlquist; Dunshee; Fagan; Green; Haigh; Haler; Harris; Hudgins; Hunt, G.; Jinkins; Kagi; Lytton; Morrell; Parker; Pettigrew; Schmick; Seaquist; Springer; Sullivan; Taylor and Tharinger.
Passed to Committee on Rules for second reading.
February 27, 2014
SSB 6333 Prime Sponsor, Committee on Ways & Means: Concerning tax statute clarifications, simplifications, and technical corrections. Reported by Committee on Finance
MAJORITY recommendation: Do pass. Signed by Representatives Carlyle, Chair; Tharinger, Vice Chair; Nealey, Ranking Minority Member; Orcutt, Assistant Ranking Minority Member; Condotta; Fitzgibbon; Hansen; Lytton; Pollet; Reykdal; Springer; Vick and Wilcox.
Passed to Committee on Rules for second reading.
March 1, 2014
SSB 6387 Prime Sponsor, Committee on Ways & Means: Concerning individuals with developmental disabilities who have requested a service from a program that is already at capacity. Reported by Committee on Appropriations
MAJORITY recommendation: Do pass as amended by Committee on Appropriations and without amendment by Committee on Early Learning & Human Services.
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. In conjunction with recent findings from the Washington state auditor's office, the legislature finds that there are thousands of state citizens who have been determined eligible for services through the department of social and health services' developmental disability administration. For those who have asked for help but are waiting for services, families may experience financial or emotional hardships. The legislature intends to clarify and make transparent the process for accessing publicly funded services for individuals with developmental disabilities and their families. The legislature intends to significantly reduce the number of eligible individuals who are waiting for services by funding additional slots and by implementing new programs that better utilize federal funding partnerships.
Sec. 2. RCW 71A.10.020 and 2011 1st sp.s. c 30 s 3 are each amended to read as follows:
As used in this title, the following terms have the meanings indicated unless the context clearly requires otherwise.
(1) "Assessment" means
an evaluation is provided by the department to determine:
(a) If the individual meets functional and financial
criteria for medicaid services; and
(b) The individual's support needs for service
determination.
(2) "Community residential support services,"
or "community support services," and "in-home services"
means one or more of the services listed in RCW 71A.12.040.
(((2))) (3)
"Crisis stabilization services" means services provided to persons
with developmental disabilities who are experiencing behaviors that jeopardize
the safety and stability of their current living situation. Crisis
stabilization services include:
(a) Temporary intensive services and supports, typically not to exceed sixty days, to prevent psychiatric hospitalization, institutional placement, or other out-of-home placement; and
(b) Services designed to stabilize the person and strengthen their current living situation so the person may continue to safely reside in the community during and beyond the crisis period.
(((3))) (4)
"Department" means the department of social and health services.
(((4))) (5)
"Developmental disability" means a disability attributable to
intellectual disability, cerebral palsy, epilepsy, autism, or another
neurological or other condition of an individual found by the secretary to be
closely related to an intellectual disability or to require treatment similar
to that required for individuals with intellectual disabilities, which
disability originates before the individual attains age eighteen, which has
continued or can be expected to continue indefinitely, and which constitutes a
substantial limitation to the individual. By January 1, 1989, the department
shall promulgate rules which define neurological or other conditions in a way
that is not limited to intelligence quotient scores as the sole determinant of
these conditions, and notify the legislature of this action.
(((5))) (6)
"Eligible person" means a person who has been found by the secretary
under RCW 71A.16.040 to be eligible for services.
(((6))) (7)
"Habilitative services" means those services provided by program
personnel to assist persons in acquiring and maintaining life skills and to
raise their levels of physical, mental, social, and vocational functioning.
Habilitative services include education, training for employment, and therapy.
(((7))) (8)
"Legal representative" means a parent of a person who is under
eighteen years of age, a person's legal guardian, a person's limited guardian
when the subject matter is within the scope of the limited guardianship, a
person's attorney‑at‑law, a person's attorney‑in‑fact,
or any other person who is authorized by law to act for another person.
(((8))) (9)
"Notice" or "notification" of an action of the secretary
means notice in compliance with RCW 71A.10.060.
(((9))) (10)
"Residential habilitation center" means a state-operated facility for
persons with developmental disabilities governed by chapter 71A.20 RCW.
(((10))) (11)
"Respite services" means relief for families and other caregivers of
people with disabilities, typically not to exceed ninety days, to include both
in-home and out-of-home respite care on an hourly and daily basis, including
twenty-four hour care for several consecutive days. Respite care workers
provide supervision, companionship, and personal care services temporarily
replacing those provided by the primary caregiver of the person with
disabilities. Respite care may include other services needed by the client,
including medical care which must be provided by a licensed health care
practitioner.
(((11))) (12)
"Secretary" means the secretary of social and health services or the
secretary's designee.
(((12))) (13)
"Service" or "services" means services provided by state or
local government to carry out this title.
(((13))) (14)
"State-operated living alternative" means programs for community
residential services which may include assistance with activities of daily
living, behavioral, habilitative, interpersonal, protective, medical, nursing,
and mobility supports to individuals who have been assessed by the department
as meeting state and federal requirements for eligibility in home and
community-based waiver programs for individuals with developmental
disabilities. State-operated living alternatives are operated and staffed with
state employees.
(((14))) (15)
"Supported living" means community residential services and housing
which may include assistance with activities of daily living, behavioral,
habilitative, interpersonal, protective, medical, nursing, and mobility
supports provided to individuals with disabilities who have been assessed by
the department as meeting state and federal requirements for eligibility in
home and community-based waiver programs for individuals with developmental
disabilities. Supported living services are provided under contracts with
private agencies or with individuals who are not state employees.
(((15))) (16)
"Vacancy" means an opening at a residential habilitation center,
which when filled, would not require the center to exceed its biennially
budgeted capacity.
(17) "Service request list" means a list of eligible persons who have received an assessment for service determination and their assessment shows that they meet the eligibility requirements for the requested service but were denied access due to funding limits.
Sec. 3. RCW 71A.16.050 and 1988 c 176 s 405 are each amended to read as follows:
The determination made under this chapter is only as to whether a person is eligible for services. After the secretary has determined under this chapter that a person is eligible for services, the individual may request an assessment for eligibility for the individual and family services program, medicaid programs, or specific services administered by the developmental disabilities administration. The secretary shall make a determination as to what services are appropriate for the person. The secretary shall prioritize services to medicaid eligible clients. Services may be made available to nonmedicaid eligible clients based on available funding. Services available through the state medicaid plan must be provided to those individuals who meet the eligibility criteria. The department shall establish and maintain a service request list database for individuals who are found to be eligible and have an assessed and unmet need for programs and services offered under the individual and family services program or a home and community-based services waiver, but the provision of a specific service would exceed budgeted capacity.
NEW SECTION. Sec. 4. The department of social and health services shall develop and implement a medicaid program to replace the individual and family services program for medicaid-eligible clients no later than May 1, 2015. The new medicaid program must offer services that closely resemble the services offered in fiscal year 2014 through the individual and family services program. To the extent possible, the department shall expand the client caseload on the medicaid program replacing the individual and family services program. The department is authorized in fiscal year 2015 to use general fund--state dollars previously provided for the individual and family services program to cover the cost of increasing the number of clients served in the new medicaid program.
NEW SECTION. Sec. 5. If additional federal funds through the community first choice option are attained, then it is the intent of the legislature that at least four thousand clients will receive services on the medicaid program replacing the individual and family services program by June 30, 2017, and at least one thousand additional clients will receive services on the home and community-based services basic plus waiver by June 30, 2017."
Correct the title.
Signed by Representatives Hunter, Chair; Ormsby, Vice Chair; Ross, Assistant Ranking Minority Member; Buys; Carlyle; Christian; Cody; Dahlquist; Dunshee; Fagan; Green; Haigh; Haler; Harris; Hudgins; Hunt, G.; Hunt, S.; Jinkins; Kagi; Lytton; Morrell; Parker; Pettigrew; Seaquist; Springer; Sullivan and Tharinger.
MINORITY recommendation: Do not pass. Signed by Representatives Chandler, Ranking Minority Member; Wilcox, Assistant Ranking Minority Member; Schmick and Taylor.
Passed to Committee on Rules for second reading.
February 27, 2014
ESSB 6388 Prime Sponsor, Committee on Ways & Means: Concerning pass-through wholesale food distributors. (REVISED FOR ENGROSSED: Concerning pass-through food distributors. ) Reported by Committee on Appropriations Subcommittee on General Government & Information Technology
MAJORITY recommendation: Do pass as amended by Committee on Appropriations Subcommittee on General Government & Information Technology and without amendment by Committee on Agriculture & Natural Resources.
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. The legislature finds that the availability of affordable, fresh, and nourishing foods is essential for individuals to maintain a healthy lifestyle. The legislature also finds that new methods of purchasing and delivering fresh, nourishing foods are emerging and lowering the costs of these foods. The legislature further finds that some of the new business models for purchasing and delivering fresh, nourishing foods are being inappropriately classified as food service establishments. Therefore, it is the intent of the legislature to establish a direct retailer license for businesses that sell and collect payment only through a web site for prepackaged foods obtained from a food processor either licensed or inspected, or both, by a state or federal regulatory agency and that deliver the food directly to consumers without any interim storage.
NEW SECTION. Sec. 2. A new section is added to chapter 69.04 RCW to read as follows:
(1) The department shall issue a license to operate as a direct retailer to any entity that:
(a) Submits a completed application on forms approved by the department;
(b) Provides the department with a list of all leased, rented, or owned vehicles, other than vehicles that are rented for less than forty-five days, used by the applicant's business to deliver food;
(c) Maintains all records of vehicles that are rented for less than forty-five days for at least twelve months following the termination of the rental period;
(d) Maintains food temperature logs or uses a device to monitor the temperature of the packages in real time for all food while in transport; and
(e) Submits all appropriate fees to the department.
(2) The department shall develop, by rule, an annual license and renewal fee to defray the costs of administering the licensing and inspection program created by this section. All moneys received by the department under the provisions of this section must be paid into the food processing inspection account created in RCW 69.07.120 and must be used solely to carry out the provisions of this section.
(3)(a) A licensed direct retailer is required to protect food from contamination while in transport. Food must be transported under conditions that protect food against physical, chemical, and microbial contamination, as well as against deterioration of the food and its container.
(b) Compliance with this subsection (3) requires, but is not limited to, the separation of raw materials in such a fashion that they avoid cross-contamination of other food products, particularly ready-to-eat food. An example of this principle includes ensuring that, during the transport of raw fish and seafood, meat, poultry, or other food which inherently contains pathogenic and spoilage microorganisms, soil, or other foreign material, the raw materials may not come into direct contact with other food in the same container or in any other cross-contaminating circumstance.
(4) In the event of a food recall or when required by the department, a federal, state, or local health authority in response to a food borne illness outbreak, a licensed direct retailer shall use its client listserv to notify customers of the recall and any other relevant information.
(5) In the implementation of this section, the department shall:
(a) Conduct inspections of vehicles, food handling areas, refrigeration equipment, and product packaging used by a licensed direct retailer;
(b) Conduct audits of temperature logs and other food handling records as appropriate;
(c) Investigate any complaints against a licensed direct retailer for the failure to maintain food safety; and
(d) Adopt rules, in consultation with the department of health and local health jurisdictions, necessary to administer and enforce the program consistent with federal regulations.
(6) Direct retailers that have a license from the department under this section are exempt from the permitting requirements of food service rules adopted by the state board of health and any local health jurisdiction.
(7) The director may deny, suspend, or revoke any license provided under this section if the director determines that an applicant or licensee has committed any of the following:
(a) Refused, neglected, or failed to comply with the provisions of this section, the rules and regulations adopted under this section, or any order of the director;
(b) Refused, neglected, or failed to keep and maintain records required by this chapter, or refused the department access to such records;
(c) Refused the department access to any portion or area of vehicles, food handling areas, or any other areas or facilities housing equipment or product packaging used by the direct retailer in the course of performing business responsibilities; or
(d) Failed to submit an application for a license meeting the requirements of this section or failed to pay the appropriate annual license or renewal fee.
(8) The definitions in this subsection apply throughout this section unless the context clearly requires otherwise:
(a) "Department" means the department of agriculture.
(b) "Direct retailer" means an entity that receives prepackaged food from a food processor that is either licensed or inspected, or both, by a state or federal regulatory agency or the department and that delivers the food directly to consumers who only placed and paid for an order on the entity's web site, as long as:
(i) The food is delivered by the entity without opening the packaging and without dividing it into smaller packages;
(ii) There is no interim storage by the entity; and
(iii) The food is delivered by means of vehicles that are equipped with either refrigeration or freezer units, or both, and that meet the requirements of rules authorized by this chapter.
Sec. 3. RCW 69.07.120 and 2011 c 281 s 12 are each amended to read as follows:
All moneys received by the department under the provisions of this chapter, section 2 of this act, and chapter 69.22 RCW shall be paid into the food processing inspection account hereby created within the agricultural local fund established in RCW 43.23.230 and shall be used solely to carry out the provisions of this chapter, section 2 of this act, and chapters 69.22 and 69.04 RCW.
NEW SECTION. Sec. 4. If specific funding for the purposes of this act, referencing this act by bill or chapter number, is not provided by June 30, 2014, in the omnibus appropriations act, this act is null and void."
Correct the title.
Signed by Representatives Hudgins, Chair; Parker, Ranking Minority Member; Buys; Christian; Hunt, S.; Jinkins; Springer and Taylor.
MINORITY recommendation: Do not pass. Signed by Representative Dunshee.
Passed to Committee on Rules for second reading.
February 27, 2014
SB 6415 Prime Sponsor, Senator Fain: Concerning consecutive sentences for driving under the influence or physical control of a vehicle under the influence of intoxicating liquor, marijuana, or any drug. Reported by Committee on Appropriations Subcommittee on General Government & Information Technology
MAJORITY recommendation: Do pass as amended.
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 9.94A.589 and 2002 c 175 s 7 are each amended to read as follows:
(1)(a) Except as provided in (b) ((or))
, (c), or (d) of this subsection, whenever a person is to be
sentenced for two or more current offenses, the sentence range for each current
offense shall be determined by using all other current and prior convictions as
if they were prior convictions for the purpose of the offender score:
PROVIDED, That if the court enters a finding that some or all of the current
offenses encompass the same criminal conduct then those current offenses shall
be counted as one crime. Sentences imposed under this subsection shall be
served concurrently. Consecutive sentences may only be imposed under the
exceptional sentence provisions of RCW 9.94A.535. "Same criminal
conduct," as used in this subsection, means two or more crimes that
require the same criminal intent, are committed at the same time and place, and
involve the same victim. This definition applies in cases involving vehicular
assault or vehicular homicide even if the victims occupied the same vehicle.
(b) Whenever a person is convicted
of two or more serious violent offenses arising from separate and distinct
criminal conduct, the standard sentence range for the offense with the highest
seriousness level under RCW 9.94A.515 shall be determined using the offender's
prior convictions and other current convictions that are not serious violent
offenses in the offender score and the standard sentence range for other
serious violent offenses shall be determined by using an offender score of
zero. The standard sentence range for any offenses that are not serious
violent offenses shall be determined according to (a) of this subsection. All
sentences imposed under (((b) of)) this subsection (1)(b) shall
be served consecutively to each other and concurrently with sentences imposed
under (a) of this subsection.
(c) If an offender is convicted under RCW 9.41.040 for unlawful possession of a firearm in the first or second degree and for the felony crimes of theft of a firearm or possession of a stolen firearm, or both, the standard sentence range for each of these current offenses shall be determined by using all other current and prior convictions, except other current convictions for the felony crimes listed in this subsection (1)(c), as if they were prior convictions. The offender shall serve consecutive sentences for each conviction of the felony crimes listed in this subsection (1)(c), and for each firearm unlawfully possessed.
(d) All sentences imposed under RCW 46.61.502(6), 46.61.504(6), or 46.61.5055(4) shall be served consecutively with any sentences imposed under RCW 46.20.740 and 46.20.750.
(2)(a) Except as provided in (b) of this subsection, whenever a person while under sentence for conviction of a felony commits another felony and is sentenced to another term of confinement, the latter term shall not begin until expiration of all prior terms.
(b) Whenever a second or later felony conviction results in community supervision with conditions not currently in effect, under the prior sentence or sentences of community supervision the court may require that the conditions of community supervision contained in the second or later sentence begin during the immediate term of community supervision and continue throughout the duration of the consecutive term of community supervision.
(3) Subject to subsections (1) and (2) of this section, whenever a person is sentenced for a felony that was committed while the person was not under sentence for conviction of a felony, the sentence shall run concurrently with any felony sentence which has been imposed by any court in this or another state or by a federal court subsequent to the commission of the crime being sentenced unless the court pronouncing the current sentence expressly orders that they be served consecutively.
(4) Whenever any person granted probation under RCW 9.95.210 or 9.92.060, or both, has the probationary sentence revoked and a prison sentence imposed, that sentence shall run consecutively to any sentence imposed pursuant to this chapter, unless the court pronouncing the subsequent sentence expressly orders that they be served concurrently.
(5) In the case of consecutive sentences, all periods of total confinement shall be served before any partial confinement, community restitution, community supervision, or any other requirement or conditions of any of the sentences. Except for exceptional sentences as authorized under RCW 9.94A.535, if two or more sentences that run consecutively include periods of community supervision, the aggregate of the community supervision period shall not exceed twenty-four months.
Sec. 2. RCW 46.20.740 and 2010 c 269 s 8 are each amended to read as follows:
(1) The department shall attach or imprint a notation on the driving record of any person restricted under RCW 46.20.720, 46.61.5055, or 10.05.140 stating that the person may operate only a motor vehicle equipped with a functioning ignition interlock device. The department shall determine the person's eligibility for licensing based upon written verification by a company doing business in the state that it has installed the required device on a vehicle owned or operated by the person seeking reinstatement. If, based upon notification from the interlock provider or otherwise, the department determines that an ignition interlock required under this section is no longer installed or functioning as required, the department shall suspend the person's license or privilege to drive. Whenever the license or driving privilege of any person is suspended or revoked as a result of noncompliance with an ignition interlock requirement, the suspension shall remain in effect until the person provides notice issued by a company doing business in the state that a vehicle owned or operated by the person is equipped with a functioning ignition interlock device.
(2) It is a gross misdemeanor for a person with such a notation on his or her driving record to operate a motor vehicle that is not so equipped.
(3) Any sentence imposed for a violation of subsection (2) of this section shall be served consecutively with any sentence imposed under RCW 46.20.750, 46.61.502, 46.61.504, or 46.61.5055.
Sec. 3. RCW 46.20.750 and 2005 c 200 s 2 are each amended to read as follows:
(1) A person who is restricted to the use of a vehicle equipped with an ignition interlock device and who tampers with the device or directs, authorizes, or requests another to tamper with the device, in order to circumvent the device by modifying, detaching, disconnecting, or otherwise disabling it, is guilty of a gross misdemeanor.
(2) A person who knowingly assists another person who is restricted to the use of a vehicle equipped with an ignition interlock device to circumvent the device or to start and operate that vehicle in violation of a court order is guilty of a gross misdemeanor. The provisions of this subsection do not apply if the starting of a motor vehicle, or the request to start a motor vehicle, equipped with an ignition interlock device is done for the purpose of safety or mechanical repair of the device or the vehicle and the person subject to the court order does not operate the vehicle.
(3) Any sentence imposed for a violation of subsection (1) of this section shall be served consecutively with any sentence imposed under RCW 46.20.740, 46.61.502, 46.61.504, or 46.61.5055.
NEW SECTION. Sec. 4. If specific funding for the purposes of this act, referencing this act by bill or chapter number, is not provided by June 30, 2014, in the omnibus appropriations act, this act is null and void."
Correct the title.
Signed by Representatives Hudgins, Chair; Parker, Ranking Minority Member; Buys; Christian; Dunshee; Hunt, S.; Jinkins; Springer and Taylor.
Passed to Committee on Rules for second reading.
February 27, 2014
SSB 6431 Prime Sponsor, Committee on Early Learning & K-12 Education: Concerning assistance for schools in implementing youth suicide prevention activities. Reported by Committee on Appropriations Subcommittee on Education
MAJORITY recommendation: Do pass as amended.
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. The legislature finds that according to the department of health, suicide is the second leading cause of death for Washington youth between the ages of ten and twenty-four. Suicide rates among Washington's youth remain higher than the national average. An increasing body of research shows an association between adverse childhood experiences such as trauma, violence, or abuse, and decreased student learning and achievement. Underserved youth populations in Washington who are not receiving access to state services continue to remain at risk for suicide.
Sec. 2. RCW 28A.300.288 and 2011 c 185 s 3 are each amended to read as follows:
(1) The office of the superintendent of
public instruction shall work with state agency and community partners to ((develop
pilot projects to)) assist schools in implementing youth suicide prevention
activities, which may include the following:
(a) Training for school employees, parents, community
members, and students in recognizing and responding to the signs of suicide;
(b) Partnering with local coalitions of community members
interested in preventing youth suicide; and
(c) Responding to communities determined to be in crisis
after a suicide or attempted suicide to prevent further instances of suicide.
(2) The office of the superintendent of public instruction,
working with state and community partners, shall prioritize funding
appropriated for subsection (1) of this section to communities identified as
the highest risk.
NEW SECTION. Sec. 3. If specific funding for the purposes of this act, referencing this act by bill or chapter number, is not provided by June 30, 2014, in the omnibus appropriations act, this act is null and void."
Correct the title.
Signed by Representatives Haigh, Chair; Fagan, Ranking Minority Member; Carlyle; Dahlquist; Haler; Lytton; Pettigrew; Seaquist; Sullivan and Wilcox.
Passed to Committee on Rules for second reading.
February 27, 2014
ESSB 6436 Prime Sponsor, Committee on Higher Education: Creating a work group to make recommendations for the continued viability of the college bound scholarship program. Reported by Committee on Appropriations Subcommittee on Education
MAJORITY recommendation: Do pass as amended.
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. The legislature finds that while the college bound scholarship program was created in 2007, the first cohort of scholarship recipients entered institutions of higher education in 2013 and emerging data shows that the program is a success. However, the legislature further finds that the program faces long-term challenges. Therefore, the legislature intends to create a work group to make recommendations to ensure the program is viable, productive, and effective.
NEW SECTION. Sec. 2. (1)(a) A college bound scholarship program work group is established. The work group shall consist of the following members:
(i) Two members of the house of representatives, with one member representing each of the major caucuses and appointed by the speaker of the house of representatives;
(ii) Two members of the senate, with one member representing each of the major caucuses and appointed by the president of the senate;
(iii) One representative of the four-year institutions of higher education as defined in RCW 28B.10.016, selected by the presidents of those institutions;
(iv) One representative of the state's community and technical college system, selected by the state board for community and technical colleges;
(v) One representative of a private, nonprofit higher education institution as defined in RCW 28B.07.020(4), selected by an association of independent nonprofit baccalaureate degree-granting institutions;
(vi) One representative from the student achievement council;
(vii) One representative from a college scholarship organization that is a private nonprofit corporation registered under Title 24 RCW and qualified as a tax-exempt entity under section 501(c)(3) of the federal internal revenue code, with expertise in managing scholarships and college advising;
(viii) One nonlegislative representative appointed by the governor; and
(ix) One representative from the middle school system.
(b) All members must be appointed by June 30, 2014.
(c) The work group shall appoint its own chair and vice chair and shall meet at least once but no more than five times in 2014.
(d) Legislative members of the work group shall serve without additional compensation, but shall be reimbursed in accordance with RCW 44.04.120 while attending meetings of the work group. Nonlegislative members of the work group may be reimbursed for travel expenses in accordance with RCW 43.03.050 and 43.03.060.
(2) The work group shall submit a report to the governor and the legislature by December 31, 2014, with recommendations for making the college bound scholarship program viable, including but not limited to funding.
(3) Staff support for the work group shall be jointly provided by senate committee services and the house of representatives office of program research, with the office of financial management presenting data as needed.
(4) This section expires July 1, 2015."
Correct the title.
Signed by Representatives Haigh, Chair; Fagan, Ranking Minority Member; Carlyle; Dahlquist; Haler; Lytton; Pettigrew; Seaquist; Sullivan and Wilcox.
Passed to Committee on Rules for second reading.
March 1, 2014
SB 6519 Prime Sponsor, Senator Litzow: Concerning public school employees' insurance benefits reporting. Reported by Committee on Appropriations
MAJORITY recommendation: Do pass as amended.
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 48.02.210 and 2012 2nd sp.s. c 3 s 5 are each amended to read as follows:
(1) For purposes of this section, "benefit provider" has the same meaning as provided in RCW 28A.400.270.
(2)(a) By December 1, 2013, and December 1st of each year thereafter, the commissioner shall submit a report to the governor, the health care authority, and the legislature on school district health insurance benefits. The report shall be available to the public on the commissioner's web site. The confidentiality of personally identifiable district employee data shall be safeguarded consistent with the provisions of RCW 42.56.400(21).
(b) The report shall include a summary of each school district's health insurance benefit plans and each district's aggregated financial data and other information as required in RCW 28A.400.275.
(3) The commissioner shall collect data from school districts or their benefit providers to fulfill the requirements of this section. The commissioner may adopt rules necessary to implement the data submission requirements under this section and RCW 28A.400.275, including, but not limited to, the format, timing of data reporting, data elements, data standards, instructions, definitions, and data sources.
(4) In fulfilling the duties under chapter 3, Laws of 2012 2nd sp. sess., the commissioner shall consult with school district representatives to ensure that the data and reports from benefit providers will give individual school districts sufficient information to enhance districts' ability to understand, manage, and seek competitive alternatives for health insurance coverage for their employees.
(5) If the commissioner determines that a school district has not substantially complied with the reporting requirements of RCW 28A.400.275, and the failure is due to the action or inaction of the school district, the commissioner will inform the superintendent of public instruction of the noncompliance.
(6) The office of the insurance
commissioner shall share all data, information, and documents collected
pursuant to this section with the health care authority.
(7) Data, information, and documents, other than those
described in subsection (2) of this section, that are provided by a school
district or an entity providing coverage pursuant to this section are exempt
from public inspection and copying under chapter 3, Laws of 2012 2nd sp. sess.
and chapters 42.17A and 42.56 RCW.
(((7))) (8) If a
school district or benefit provider does not comply with the data reporting
requirements of this section or RCW 28A.400.275, and the failure is due to the
actions of an entity providing coverage authorized under this title ((48
RCW)), the commissioner may take enforcement actions under this chapter.
(((8))) (9) The
commissioner may enter into one or more personal services contracts with
third-party contractors to provide services necessary to accomplish the
commissioner's responsibilities under chapter 3, Laws of 2012 2nd sp. sess.
Sec. 2. RCW 41.05.655 and 2012 2nd sp.s. c 3 s 6 are each amended to read as follows:
By June 1, 2015, the health care authority must report to the governor, legislature, and joint legislative audit and review committee the following duties and analyses, based on two years of reports and other data, information, and documents collected by the office of the insurance commissioner, on school district health benefits submitted to it by the office of the insurance commissioner under this section or RCW 48.02.210:
(1) The director shall establish a specific target to realize the goal of greater equity between premium costs for full family coverage and employee only coverage for the same health benefit plan. In developing this target, the director shall consider the appropriateness of the three-to-one ratio of employee premium costs between full family coverage and employee only coverage, and consider alternatives based on the data and information received from the office of the insurance commissioner.
(2) The director shall also study and report the advantages and disadvantages to the state, local school districts, and district employees:
(a) Whether better progress on the legislative goals could be achieved through consolidation of school district health insurance purchasing through a single consolidated school employee health benefits purchasing plan;
(b) Whether better progress on the legislative goals could be achieved by consolidating K-12 health insurance purchasing through the public employees' benefits board program, and whether consolidation into the public employees' benefits board program would be preferable to the creation of a consolidated school employee health benefits purchasing plan; and
(c) Whether certificated or
classified employees, as separate groups, would be better served by purchasing
health insurance through a single consolidated school employee health benefits
purchasing plan or through participation in the public employees' benefits
board program((; and
(d))).
(3) Analyses shall include implications of taking any of
the actions described in subsection (2)(a) through (c) of this ((subsection))
section to include, at a minimum, the following: The costs for the
state and school employees, impacts for existing purchasing programs, a
proposed timeline for the implementation of any recommended actions.
(4) Data, information, and documents that are
provided to the authority by a school district, an entity providing coverage,
the office of the insurance commissioner, or the joint legislative audit and
review committee, pursuant to this section or RCW 48.02.210 are exempt from
public inspection and copying under chapters 42.17A and 42.56 RCW.
(5) Data, information, and documents that are provided
pursuant to this section or RCW 48.02.210 shall be used solely for the purposes
in this section and shall not be disclosed in any manner that could identify
health conditions or information of any individual.
(6) Any data reporting provided by districts with fewer than
fifty employees shall be aggregated in reports issued by the health care
authority in a manner to prevent disclosure of individual health conditions and
information.
Sec. 3. RCW 42.56.400 and 2013 c 277 s 5 and 2013 c 65 s 5 are each reenacted and amended to read as follows:
The following information relating to insurance and financial institutions is exempt from disclosure under this chapter:
(1) Records maintained by the board of industrial insurance appeals that are related to appeals of crime victims' compensation claims filed with the board under RCW 7.68.110;
(2) Information obtained and exempted or withheld from public inspection by the health care authority under RCW 41.05.026, whether retained by the authority, transferred to another state purchased health care program by the authority, or transferred by the authority to a technical review committee created to facilitate the development, acquisition, or implementation of state purchased health care under chapter 41.05 RCW;
(3) The names and individual identification data of either all owners or all insureds, or both, received by the insurance commissioner under chapter 48.102 RCW;
(4) Information provided under RCW 48.30A.045 through 48.30A.060;
(5) Information provided under RCW 48.05.510 through 48.05.535, 48.43.200 through 48.43.225, 48.44.530 through 48.44.555, and 48.46.600 through 48.46.625;
(6) Examination reports and information obtained by the department of financial institutions from banks under RCW 30.04.075, from savings banks under RCW 32.04.220, from savings and loan associations under RCW 33.04.110, from credit unions under RCW 31.12.565, from check cashers and sellers under RCW 31.45.030(3), and from securities brokers and investment advisers under RCW 21.20.100, all of which is confidential and privileged information;
(7) Information provided to the insurance commissioner under RCW 48.110.040(3);
(8) Documents, materials, or information obtained by the insurance commissioner under RCW 48.02.065, all of which are confidential and privileged;
(9) Confidential proprietary and trade secret information provided to the commissioner under RCW 48.31C.020 through 48.31C.050 and 48.31C.070;
(10) Data filed under RCW 48.140.020, 48.140.030, 48.140.050, and 7.70.140 that, alone or in combination with any other data, may reveal the identity of a claimant, health care provider, health care facility, insuring entity, or self-insurer involved in a particular claim or a collection of claims. For the purposes of this subsection:
(a) "Claimant" has the same meaning as in RCW 48.140.010(2).
(b) "Health care facility" has the same meaning as in RCW 48.140.010(6).
(c) "Health care provider" has the same meaning as in RCW 48.140.010(7).
(d) "Insuring entity" has the same meaning as in RCW 48.140.010(8).
(e) "Self-insurer" has the same meaning as in RCW 48.140.010(11);
(11) Documents, materials, or information obtained by the insurance commissioner under RCW 48.135.060;
(12) Documents, materials, or information obtained by the insurance commissioner under RCW 48.37.060;
(13) Confidential and privileged documents obtained or produced by the insurance commissioner and identified in RCW 48.37.080;
(14) Documents, materials, or information obtained by the insurance commissioner under RCW 48.37.140;
(15) Documents, materials, or information obtained by the insurance commissioner under RCW 48.17.595;
(16) Documents, materials, or information obtained by the insurance commissioner under RCW 48.102.051(1) and 48.102.140 (3) and (7)(a)(ii);
(17) Documents, materials, or information obtained by the insurance commissioner in the commissioner's capacity as receiver under RCW 48.31.025 and 48.99.017, which are records under the jurisdiction and control of the receivership court. The commissioner is not required to search for, log, produce, or otherwise comply with the public records act for any records that the commissioner obtains under chapters 48.31 and 48.99 RCW in the commissioner's capacity as a receiver, except as directed by the receivership court;
(18) Documents, materials, or information obtained by the insurance commissioner under RCW 48.13.151;
(19) Data, information, and documents provided by a carrier pursuant to section 1, chapter 172, Laws of 2010;
(20) Information in a filing of usage-based insurance about the usage-based component of the rate pursuant to RCW 48.19.040(5)(b);
(21) Data, information, and documents,
other than those described in RCW 48.02.210(2), that are submitted to the
office of the insurance commissioner by an entity providing health care
coverage pursuant to RCW 28A.400.275, 41.05.655, and 48.02.210; ((and))
(22) Data, information, and documents obtained by the insurance commissioner under RCW 48.29.017; and
(23) Information not subject to public inspection or public disclosure under RCW 48.43.730(5).
Sec. 4. RCW 42.56.400 and 2013 c 65 s 5 are each amended to read as follows:
The following information relating to insurance and financial institutions is exempt from disclosure under this chapter:
(1) Records maintained by the board of industrial insurance appeals that are related to appeals of crime victims' compensation claims filed with the board under RCW 7.68.110;
(2) Information obtained and exempted or withheld from public inspection by the health care authority under RCW 41.05.026, whether retained by the authority, transferred to another state purchased health care program by the authority, or transferred by the authority to a technical review committee created to facilitate the development, acquisition, or implementation of state purchased health care under chapter 41.05 RCW;
(3) The names and individual identification data of either all owners or all insureds, or both, received by the insurance commissioner under chapter 48.102 RCW;
(4) Information provided under RCW 48.30A.045 through 48.30A.060;
(5) Information provided under RCW 48.05.510 through 48.05.535, 48.43.200 through 48.43.225, 48.44.530 through 48.44.555, and 48.46.600 through 48.46.625;
(6) Examination reports and information obtained by the department of financial institutions from banks under RCW 30.04.075, from savings banks under RCW 32.04.220, from savings and loan associations under RCW 33.04.110, from credit unions under RCW 31.12.565, from check cashers and sellers under RCW 31.45.030(3), and from securities brokers and investment advisers under RCW 21.20.100, all of which is confidential and privileged information;
(7) Information provided to the insurance commissioner under RCW 48.110.040(3);
(8) Documents, materials, or information obtained by the insurance commissioner under RCW 48.02.065, all of which are confidential and privileged;
(9) Confidential proprietary and trade secret information provided to the commissioner under RCW 48.31C.020 through 48.31C.050 and 48.31C.070;
(10) Data filed under RCW 48.140.020, 48.140.030, 48.140.050, and 7.70.140 that, alone or in combination with any other data, may reveal the identity of a claimant, health care provider, health care facility, insuring entity, or self-insurer involved in a particular claim or a collection of claims. For the purposes of this subsection:
(a) "Claimant" has the same meaning as in RCW 48.140.010(2).
(b) "Health care facility" has the same meaning as in RCW 48.140.010(6).
(c) "Health care provider" has the same meaning as in RCW 48.140.010(7).
(d) "Insuring entity" has the same meaning as in RCW 48.140.010(8).
(e) "Self-insurer" has the same meaning as in RCW 48.140.010(11);
(11) Documents, materials, or information obtained by the insurance commissioner under RCW 48.135.060;
(12) Documents, materials, or information obtained by the insurance commissioner under RCW 48.37.060;
(13) Confidential and privileged documents obtained or produced by the insurance commissioner and identified in RCW 48.37.080;
(14) Documents, materials, or information obtained by the insurance commissioner under RCW 48.37.140;
(15) Documents, materials, or information obtained by the insurance commissioner under RCW 48.17.595;
(16) Documents, materials, or information obtained by the insurance commissioner under RCW 48.102.051(1) and 48.102.140 (3) and (7)(a)(ii);
(17) Documents, materials, or information obtained by the insurance commissioner in the commissioner's capacity as receiver under RCW 48.31.025 and 48.99.017, which are records under the jurisdiction and control of the receivership court. The commissioner is not required to search for, log, produce, or otherwise comply with the public records act for any records that the commissioner obtains under chapters 48.31 and 48.99 RCW in the commissioner's capacity as a receiver, except as directed by the receivership court;
(18) Documents, materials, or information obtained by the insurance commissioner under RCW 48.13.151;
(19) Data, information, and documents provided by a carrier pursuant to section 1, chapter 172, Laws of 2010;
(20) Information in a filing of usage-based insurance about the usage-based component of the rate pursuant to RCW 48.19.040(5)(b);
(21) Data, information, and documents, other than those described in RCW 48.02.210(2), that are submitted to the office of the insurance commissioner by an entity providing health care coverage pursuant to RCW 28A.400.275, 41.05.655, and 48.02.210; and
(22) Data, information, and documents obtained by the insurance commissioner under RCW 48.29.017.
NEW SECTION. Sec. 5. Section 3 of this act expires July 1, 2017.
NEW SECTION. Sec. 6. Section 4 of this act takes effect July 1, 2017."
Correct the title.
Signed by Representatives Hunter, Chair; Ormsby, Vice Chair; Chandler, Ranking Minority Member; Ross, Assistant Ranking Minority Member; Wilcox, Assistant Ranking Minority Member; Carlyle; Christian; Cody; Dahlquist; Dunshee; Fagan; Green; Haigh; Haler; Harris; Hudgins; Hunt, S.; Jinkins; Kagi; Lytton; Morrell; Parker; Pettigrew; Schmick; Seaquist; Springer; Sullivan and Tharinger.
MINORITY recommendation: Do not pass. Signed by Representatives Buys; Hunt, G. and Taylor.
Passed to Committee on Rules for second reading.
March 1, 2014
E2SSB 6552 Prime Sponsor, Committee on Ways & Means: Improving student success by modifying instructional hour and graduation requirements. Reported by Committee on Appropriations
MAJORITY recommendation: Do pass as amended.
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. The legislature recognizes that preparing students to be successful in postsecondary education, gainful employment, and citizenship requires increased rigor and achievement, including attaining a meaningful high school diploma with the opportunity to earn twenty-four credits. The legislature finds that an investment was made in the 2013-2015 omnibus appropriations act to implement an increase in instructional hours in the 2014-2015 school year. School districts informed the legislature that the funding as provided in the 2013-2015 omnibus appropriations act would result in only a few minutes being added onto each class period and would not result in a meaningful increase in instruction that would have the positive impact on student learning that the legislature expects. The school districts suggested that it would be a better educational policy to use the funds to implement the requirement of twenty-four credits for high school graduation, which will result in a meaningful increase of instructional hours. Based on input from school districts across the state, the legislature recognizes the need to provide flexibility for school districts to implement the increase in instructional hours while still moving towards an increase in the high school graduation requirements. Therefore, the legislature intends to shift the focus and intent of the investments from compliance with the minimum instructional hours offering to assisting school districts to provide an opportunity for students to earn twenty-four credits for high school graduation and obtain a meaningful diploma, beginning with the graduating class of 2019.
PART I
CAREER AND TECHNICAL EQUIVALENCIES
Sec. 101. RCW 28A.700.070 and 2008 c 170 s 201 are each amended to read as follows:
(1) The office of the superintendent of public instruction shall support school district efforts under RCW 28A.230.097 to adopt course equivalencies for career and technical courses by:
(a) Recommending career and technical curriculum suitable for course equivalencies;
(b) Publicizing best practices for high schools and school districts in developing and adopting course equivalencies; and
(c) In consultation with the Washington association for career and technical education, providing professional development, technical assistance, and guidance for school districts seeking to expand their lists of equivalent courses.
(2) The office of the superintendent of public instruction shall provide professional development, technical assistance, and guidance for school districts to develop career and technical course equivalencies that also qualify as advanced placement courses.
(3) The office of the
superintendent of public instruction, in consultation with one or more
technical working groups convened for this purpose, shall develop curriculum
frameworks for a selected list of career and technical courses that may be
offered by high schools or skill centers whose content in science, technology,
engineering, and mathematics is considered equivalent in full or in part to
science or mathematics courses that meet high school graduation requirements.
The content of the courses must be aligned with state essential academic learning
requirements in mathematics as adopted by the superintendent of public
instruction in July 2011 and the essential academic learning requirements in
science as adopted in October 2013, and industry standards. The office shall
submit the list of equivalent career and technical courses and their curriculum
frameworks to the state board of education for review, an opportunity for
public comment, and approval. The first list of courses under this
subsection must be developed and approved before the 2015-16 school year.
Thereafter, the office may periodically update or revise the list of courses
using the process in this subsection.
(4) Subject to funds appropriated for this purpose, the
office of the superintendent of public instruction shall allocate grant funds
to school districts to increase the integration and rigor of academic
instruction in career and technical courses. Grant recipients are encouraged
to use grant funds to support teams of academic and technical teachers using a
research-based professional development model supported by the national
research center for career and technical education. The office of the
superintendent of public instruction may require that grant recipients provide
matching resources using federal Carl Perkins funds or other fund sources.
Sec. 102. RCW 28A.230.097 and 2013 c 241 s 2 are each amended to read as follows:
(1) Each high school or school district board of directors shall adopt course equivalencies for career and technical high school courses offered to students in high schools and skill centers. A career and technical course equivalency may be for whole or partial credit. Each school district board of directors shall develop a course equivalency approval procedure. Boards of directors must approve AP computer science courses as equivalent to high school mathematics or science, and must denote on a student's transcript that AP computer science qualifies as a math-based quantitative course for students who take the course in their senior year. In order for a board to approve AP computer science as equivalent to high school mathematics, the student must be concurrently enrolled in or have successfully completed algebra II. Beginning no later than the 2015-16 school year, a school district board of directors must, at a minimum, grant academic course equivalency in mathematics or science for a high school career and technical course, if the course is offered, from the list of courses approved by the state board of education under RCW 28A.700.070, but is not limited to the courses on the list. If the list of courses is revised after the 2015-16 school year, the school district board of directors must grant academic course equivalency based on the revised list beginning with the school year immediately following the revision.
(2) Career and technical courses determined to be equivalent to academic core courses, in full or in part, by the high school or school district shall be accepted as meeting core requirements, including graduation requirements, if the courses are recorded on the student's transcript using the equivalent academic high school department designation and title. Full or partial credit shall be recorded as appropriate. The high school or school district shall also issue and keep record of course completion certificates that demonstrate that the career and technical courses were successfully completed as needed for industry certification, college credit, or preapprenticeship, as applicable. The certificate shall be either part of the student's high school and beyond plan or the student's culminating project, as determined by the student. The office of the superintendent of public instruction shall develop and make available electronic samples of certificates of course completion.
PART II
INSTRUCTIONAL HOURS AND HIGH SCHOOL GRADUATION CREDIT REQUIREMENTS
Sec. 201. RCW 28A.150.220 and 2013 2nd sp.s. c 9 s 2 are each amended to read as follows:
(1) In order for students to have the opportunity to develop the basic education knowledge and skills under RCW 28A.150.210, school districts must provide instruction of sufficient quantity and quality and give students the opportunity to complete graduation requirements that are intended to prepare them for postsecondary education, gainful employment, and citizenship. The program established under this section shall be the minimum instructional program of basic education offered by school districts.
(2) Each school district shall make available to students the following minimum instructional offering each school year:
(a) For students enrolled in grades
one through twelve, at least a district-wide annual average of one thousand
hours, which shall be increased beginning in the 2015-16 school year to
at least one thousand eighty instructional hours for students enrolled in ((each
of)) grades ((seven)) nine through twelve and at least one
thousand instructional hours for students in ((each of)) grades one
through ((six according to an implementation schedule adopted by the
legislature, but not before the 2014-15 school year)) eight, all of
which may be calculated by a school district using a district-wide annual
average of instructional hours over grades one through twelve; and
(b) For students enrolled in kindergarten, at least four hundred fifty instructional hours, which shall be increased to at least one thousand instructional hours according to the implementation schedule under RCW 28A.150.315.
(3) The instructional program of basic education provided by each school district shall include:
(a) Instruction in the essential academic learning requirements under RCW 28A.655.070;
(b) Instruction that provides
students the opportunity to complete twenty-four credits for high school
graduation, ((subject to a phased-in implementation of the twenty-four
credits as established by the legislature)) beginning with the
graduating class of 2019. Course distribution requirements may be
established by the state board of education under RCW 28A.230.090;
(c) If the essential academic learning requirements include a requirement of languages other than English, the requirement may be met by students receiving instruction in one or more American Indian languages;
(d) Supplemental instruction and services for underachieving students through the learning assistance program under RCW 28A.165.005 through 28A.165.065;
(e) Supplemental instruction and services for eligible and enrolled students and exited students whose primary language is other than English through the transitional bilingual instruction program under RCW 28A.180.010 through 28A.180.080;
(f) The opportunity for an appropriate education at public expense as defined by RCW 28A.155.020 for all eligible students with disabilities as defined in RCW 28A.155.020; and
(g) Programs for highly capable students under RCW 28A.185.010 through 28A.185.030.
(4) Nothing contained in this section shall be construed to require individual students to attend school for any particular number of hours per day or to take any particular courses.
(5)(a) Each school
district's kindergarten through twelfth grade basic educational program shall
be accessible to all students who are five years of age, as provided by RCW
28A.225.160, and less than twenty-one years of age and shall consist of a
minimum of one hundred eighty school days per school year in such grades as are
conducted by a school district, and one hundred eighty half-days of
instruction, or equivalent, in kindergarten, to be increased to a minimum of
one hundred eighty school days per school year according to the implementation
schedule under RCW 28A.150.315. ((However,))
(b) Schools administering the Washington
kindergarten inventory of developing skills may use up to three school days at
the beginning of the school year to meet with parents and families as required
in the parent involvement component of the inventory. ((In addition,
effective May 1, 1979,))
(c) In the case of students who are graduating
from high school, a school district may schedule the last five school days
of the one hundred ((and)) eighty day school year for noninstructional
purposes ((in the case of students who are graduating from high school,))
including, but not limited to, the observance of graduation and early release
from school upon the request of a student((, and)). All such
students may be claimed as a full‑time equivalent student to the extent
they could otherwise have been so claimed for the purposes of RCW 28A.150.250
and 28A.150.260. Any hours scheduled by a school district for
noninstructional purposes during the last five school days for such students
shall count toward the instructional hours requirement in subsection (2)(a) of this
section.
(6) Nothing in this section precludes a school district from enriching the instructional program of basic education, such as offering additional instruction or providing additional services, programs, or activities that the school district determines to be appropriate for the education of the school district's students.
(7) The state board of education shall adopt rules to implement and ensure compliance with the program requirements imposed by this section, RCW 28A.150.250 and 28A.150.260, and such related supplemental program approval requirements as the state board may establish.
Sec. 202. RCW 28A.230.090 and 2011 c 203 s 2 are each amended to read as follows:
(1) The state board of education shall establish high school graduation requirements or equivalencies for students, except as provided in RCW 28A.230.122 and except those equivalencies established by local high schools or school districts under RCW 28A.230.097. The purpose of a high school diploma is to declare that a student is ready for success in postsecondary education, gainful employment, and citizenship, and is equipped with the skills to be a lifelong learner.
(a) Any course in Washington state history and government used to fulfill high school graduation requirements shall consider including information on the culture, history, and government of the American Indian peoples who were the first inhabitants of the state.
(b) The certificate of academic achievement requirements under RCW 28A.655.061 or the certificate of individual achievement requirements under RCW 28A.155.045 are required for graduation from a public high school but are not the only requirements for graduation.
(c) Any decision on whether a student has met the state board's high school graduation requirements for a high school and beyond plan shall remain at the local level.
(d) The state board of education shall adopt rules to implement the career and college ready graduation requirement proposal adopted under board resolution on November 10, 2010, and revised on January 9, 2014, to take effect beginning with the graduating class of 2019, which includes authorization for a school district to waive up to two credits on an individual student basis in accordance with the rules established by the state board of education.
(2)(a) In recognition of the statutory authority of the state board of education to establish and enforce minimum high school graduation requirements, the state board shall periodically reevaluate the graduation requirements and shall report such findings to the legislature in a timely manner as determined by the state board.
(b) The state board shall reevaluate the graduation requirements for students enrolled in vocationally intensive and rigorous career and technical education programs, particularly those programs that lead to a certificate or credential that is state or nationally recognized. The purpose of the evaluation is to ensure that students enrolled in these programs have sufficient opportunity to earn a certificate of academic achievement, complete the program and earn the program's certificate or credential, and complete other state and local graduation requirements.
(c) The state board shall forward any proposed changes to the high school graduation requirements to the education committees of the legislature for review and to the quality education council established under RCW 28A.290.010. The legislature shall have the opportunity to act during a regular legislative session before the changes are adopted through administrative rule by the state board. Changes that have a fiscal impact on school districts, as identified by a fiscal analysis prepared by the office of the superintendent of public instruction, shall take effect only if formally authorized and funded by the legislature through the omnibus appropriations act or other enacted legislation.
(3) Pursuant to any requirement for instruction in languages other than English established by the state board of education or a local school district, or both, for purposes of high school graduation, students who receive instruction in American sign language or one or more American Indian languages shall be considered to have satisfied the state or local school district graduation requirement for instruction in one or more languages other than English.
(4) If requested by the student and his or her family, a student who has completed high school courses before attending high school shall be given high school credit which shall be applied to fulfilling high school graduation requirements if:
(a) The course was taken with high school students, if the academic level of the course exceeds the requirements for seventh and eighth grade classes, and the student has successfully passed by completing the same course requirements and examinations as the high school students enrolled in the class; or
(b) The academic level of the course exceeds the requirements for seventh and eighth grade classes and the course would qualify for high school credit, because the course is similar or equivalent to a course offered at a high school in the district as determined by the school district board of directors.
(5) Students who have taken and successfully completed high school courses under the circumstances in subsection (4) of this section shall not be required to take an additional competency examination or perform any other additional assignment to receive credit.
(6) At the college or university level, five quarter or three semester hours equals one high school credit.
Sec. 203. RCW 28A.150.260 and 2011 1st sp.s. c 27 s 2 are each amended to read as follows:
The purpose of this section is to provide for the allocation of state funding that the legislature deems necessary to support school districts in offering the minimum instructional program of basic education under RCW 28A.150.220. The allocation shall be determined as follows:
(1) The governor shall and the superintendent of public instruction may recommend to the legislature a formula for the distribution of a basic education instructional allocation for each common school district.
(2) The distribution formula under this section shall be for allocation purposes only. Except as may be required under chapter 28A.155, 28A.165, 28A.180, or 28A.185 RCW, or federal laws and regulations, nothing in this section requires school districts to use basic education instructional funds to implement a particular instructional approach or service. Nothing in this section requires school districts to maintain a particular classroom teacher-to-student ratio or other staff-to-student ratio or to use allocated funds to pay for particular types or classifications of staff. Nothing in this section entitles an individual teacher to a particular teacher planning period.
(3)(a) To the extent the technical details of the formula have been adopted by the legislature and except when specifically provided as a school district allocation, the distribution formula for the basic education instructional allocation shall be based on minimum staffing and nonstaff costs the legislature deems necessary to support instruction and operations in prototypical schools serving high, middle, and elementary school students as provided in this section. The use of prototypical schools for the distribution formula does not constitute legislative intent that schools should be operated or structured in a similar fashion as the prototypes. Prototypical schools illustrate the level of resources needed to operate a school of a particular size with particular types and grade levels of students using commonly understood terms and inputs, such as class size, hours of instruction, and various categories of school staff. It is the intent that the funding allocations to school districts be adjusted from the school prototypes based on the actual number of annual average full-time equivalent students in each grade level at each school in the district and not based on the grade-level configuration of the school to the extent that data is available. The allocations shall be further adjusted from the school prototypes with minimum allocations for small schools and to reflect other factors identified in the omnibus appropriations act.
(b) For the purposes of this section, prototypical schools are defined as follows:
(i) A prototypical high school has six hundred average annual full-time equivalent students in grades nine through twelve;
(ii) A prototypical middle school has four hundred thirty-two average annual full-time equivalent students in grades seven and eight; and
(iii) A prototypical elementary school has four hundred average annual full-time equivalent students in grades kindergarten through six.
(4)(a)(i) The minimum allocation for each level of prototypical school shall be based on the number of full-time equivalent classroom teachers needed to provide instruction over the minimum required annual instructional hours under RCW 28A.150.220 and provide at least one teacher planning period per school day, and based on the following general education average class size of full-time equivalent students per teacher:
General education
average class size
Grades K-3 25.23
Grade 4 27.00
Grades 5-6 27.00
Grades 7-8 28.53
Grades 9-12 28.74
(ii) The minimum class size allocation for each prototypical high school shall also provide for enhanced funding for class size reduction for two laboratory science classes within grades nine through twelve per full-time equivalent high school student multiplied by a laboratory science course factor of 0.0833, based on the number of full-time equivalent classroom teachers needed to provide instruction over the minimum required annual instructional hours in RCW 28A.150.220, and providing at least one teacher planning period per school day:
Laboratory science
average class size
Grades 9-12 19.98
(b) During the 2011-2013 biennium and beginning with schools with the highest percentage of students eligible for free and reduced-price meals in the prior school year, the general education average class size for grades K-3 shall be reduced until the average class size funded under this subsection (4) is no more than 17.0 full-time equivalent students per teacher beginning in the 2017-18 school year.
(c) The minimum allocation for each prototypical middle and high school shall also provide for full-time equivalent classroom teachers based on the following number of full-time equivalent students per teacher in career and technical education:
Career and technical
education average
class size
Approved career and technical education offered at
the middle school and high school level 26.57
Skill center programs meeting the standards established
by the office of the superintendent of public
instruction 22.76
(d) In addition, the omnibus appropriations act shall at a minimum specify:
(i) A high-poverty average class size in schools where more than fifty percent of the students are eligible for free and reduced-price meals; and
(ii) A specialty average class size
for ((laboratory science,)) advanced placement((,)) and
international baccalaureate courses.
(5) The minimum allocation for each level of prototypical school shall include allocations for the following types of staff in addition to classroom teachers:
|
|
Elementary School |
Middle School |
High School |
|
Principals, assistant principals, and other certificated building‑level administrators |
1.253 |
1.353 |
1.880 |
|
Teacher librarians, a function that includes information literacy, technology, and media to support school library media programs |
0.663 |
0.519 |
0.523 |
|
Health and social services: |
|
|
|
|
School nurses |
0.076 |
0.060 |
0.096 |
|
Social workers |
0.042 |
0.006 |
0.015 |
|
Psychologists |
0.017 |
0.002 |
0.007 |
|
Guidance counselors, a function that includes parent outreach and graduation advising |
0.493 |
1.116 |
(( 2.539 |
|
Teaching assistance, including any aspect of educational instructional services provided by classified employees |
0.936 |
0.700 |
0.652 |
|
Office support and other noninstructional aides |
2.012 |
2.325 |
3.269 |
|
Custodians |
1.657 |
1.942 |
2.965 |
|
Classified staff providing student and staff safety |
0.079 |
0.092 |
0.141 |
|
Parent involvement coordinators |
0.00 |
0.00 |
0.00 |
(6)(a) The minimum staffing allocation for each school district to provide district‑wide support services shall be allocated per one thousand annual average full‑time equivalent students in grades K‑12 as follows:
Staff per 1,000
K-12 students
Technology 0.628
Facilities, maintenance, and grounds 1.813
Warehouse, laborers, and mechanics 0.332
(b) The minimum allocation of staff units for each school district to support certificated and classified staffing of central administration shall be 5.30 percent of the staff units generated under subsections (4)(a) and (b) and (5) of this section and (a) of this subsection.
(7) The distribution formula shall include staffing allocations to school districts for career and technical education and skill center administrative and other school-level certificated staff, as specified in the omnibus appropriations act.
(8)(a) Except as provided in (b) and (c) of this subsection, the minimum allocation for each school district shall include allocations per annual average full-time equivalent student for the following materials, supplies, and operating costs, to be adjusted for inflation from the 2008-09 school year:
Per annual average
full-time equivalent student
in grades K-12
Technology $54.43
Utilities and insurance $147.90
Curriculum and textbooks $58.44
Other supplies and library materials $124.07
Instructional professional development for certified and
classified staff $9.04
Facilities maintenance $73.27
Security and central office $50.76
(b) During the 2011-2013 biennium, the minimum allocation for maintenance, supplies, and operating costs shall be increased as specified in the omnibus appropriations act. The following allocations, adjusted for inflation from the 2007-08 school year, are provided in the 2015-16 school year, after which the allocations shall be adjusted annually for inflation as specified in the omnibus appropriations act:
Per annual average
full-time equivalent student
in grades K-12
Technology $113.80
Utilities and insurance $309.21
Curriculum and textbooks $122.17
Other supplies and library materials $259.39
Instructional professional development for certificated and
classified staff $18.89
Facilities maintenance $153.18
Security and central office administration $106.12
(c) In addition to the amounts provided in (a) and (b) of this subsection, beginning in the 2014-15 school year, the omnibus appropriations act shall provide the following minimum allocation for each annual average full-time equivalent student in grades nine through twelve for the following materials, supplies, and operating costs, to be adjusted annually for inflation:
Per annual average
full-time equivalent student
in grades 9-12
Technology $36.35
Curriculum and textbooks $39.02
Other supplies and library materials $82.84
Instructional professional development for certificated and
classified staff $6.04
(9) In addition to the amounts provided in subsection (8) of this section, the omnibus appropriations act shall provide an amount based on full-time equivalent student enrollment in each of the following:
(a) Exploratory career and technical education courses for students in grades seven through twelve;
(b) ((Laboratory science courses
for students in grades nine through twelve;
(c))) Preparatory career and technical education courses
for students in grades nine through twelve offered in a high school; and
(((d))) (c)
Preparatory career and technical education courses for students in grades eleven
and twelve offered through a skill center.
(10) In addition to the allocations otherwise provided under this section, amounts shall be provided to support the following programs and services:
(a) To provide supplemental instruction and services for underachieving students through the learning assistance program under RCW 28A.165.005 through 28A.165.065, allocations shall be based on the district percentage of students in grades K-12 who were eligible for free or reduced-price meals in the prior school year. The minimum allocation for the program shall provide for each level of prototypical school resources to provide, on a statewide average, 1.5156 hours per week in extra instruction with a class size of fifteen learning assistance program students per teacher.
(b) To provide supplemental instruction and services for students whose primary language is other than English, allocations shall be based on the head count number of students in each school who are eligible for and enrolled in the transitional bilingual instruction program under RCW 28A.180.010 through 28A.180.080. The minimum allocation for each level of prototypical school shall provide resources to provide, on a statewide average, 4.7780 hours per week in extra instruction with fifteen transitional bilingual instruction program students per teacher. Notwithstanding other provisions of this subsection (10), the actual per-student allocation may be scaled to provide a larger allocation for students needing more intensive intervention and a commensurate reduced allocation for students needing less intensive intervention, as detailed in the omnibus appropriations act.
(c) To provide additional allocations to support programs for highly capable students under RCW 28A.185.010 through 28A.185.030, allocations shall be based on two and three hundred fourteen one-thousandths percent of each school district's full-time equivalent basic education enrollment. The minimum allocation for the programs shall provide resources to provide, on a statewide average, 2.1590 hours per week in extra instruction with fifteen highly capable program students per teacher.
(11) The allocations under subsections (4)(a) and (b), (5), (6), and (8) of this section shall be enhanced as provided under RCW 28A.150.390 on an excess cost basis to provide supplemental instructional resources for students with disabilities.
(12)(a) For the purposes of allocations for prototypical high schools and middle schools under subsections (4) and (10) of this section that are based on the percent of students in the school who are eligible for free and reduced-price meals, the actual percent of such students in a school shall be adjusted by a factor identified in the omnibus appropriations act to reflect underreporting of free and reduced-price meal eligibility among middle and high school students.
(b) Allocations or enhancements provided under subsections (4), (7), and (9) of this section for exploratory and preparatory career and technical education courses shall be provided only for courses approved by the office of the superintendent of public instruction under chapter 28A.700 RCW.
(13)(a) This formula for distribution of basic education funds shall be reviewed biennially by the superintendent and governor. The recommended formula shall be subject to approval, amendment or rejection by the legislature.
(b) In the event the legislature rejects the distribution formula recommended by the governor, without adopting a new distribution formula, the distribution formula for the previous school year shall remain in effect.
(c) The enrollment of any district shall be the annual average number of full-time equivalent students and part-time students as provided in RCW 28A.150.350, enrolled on the first school day of each month, including students who are in attendance pursuant to RCW 28A.335.160 and 28A.225.250 who do not reside within the servicing school district. The definition of full-time equivalent student shall be determined by rules of the superintendent of public instruction and shall be included as part of the superintendent's biennial budget request. The definition shall be based on the minimum instructional hour offerings required under RCW 28A.150.220. Any revision of the present definition shall not take effect until approved by the house ways and means committee and the senate ways and means committee.
(d) The office of financial management shall make a monthly review of the superintendent's reported full-time equivalent students in the common schools in conjunction with RCW 43.62.050.
NEW SECTION. Sec. 204. Section 203 of this act takes effect September 1, 2014."
Correct the title.
Signed by Representatives Hunter, Chair; Chandler, Ranking Minority Member; Ross, Assistant Ranking Minority Member; Wilcox, Assistant Ranking Minority Member; Buys; Carlyle; Christian; Cody; Dahlquist; Dunshee; Fagan; Green; Haigh; Haler; Harris; Hudgins; Hunt, G.; Jinkins; Kagi; Lytton; Parker; Pettigrew; Schmick; Seaquist; Springer; Sullivan; Taylor and Tharinger.
MINORITY recommendation: Do not pass. Signed by Representatives Ormsby, Vice Chair; Hunt, S. and Morrell.
Passed to Committee on Rules for second reading.
There being no objection, the bills listed on the day’s 1st supplemental committee reports under the fifth order of business were referred to the committees so designated with the exception of HOUSE BILL NO. 2422 and HOUSE BILL NO. 2794 which were placed on the second reading calendar.
There being no objection, the House advanced to the eighth order of business.
There being no objection, the Committee on Appropriations was relieved of HOUSE BILL NO. 2335 the bill was placed on the second reading calendar.
There being no objection, the House advanced to the eleventh order of business.
There being no objection, the House adjourned until 10 a.m., March 4, 2014, the 51st Day of the Regular Session.
FRANK CHOPP, Speaker
BARBARA BAKER, Chief Clerk
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