Each person involuntarily detained and
accepted or admitted at an evaluation and treatment facility (1)
shall, within twenty-four hours of his or her admission or
acceptance at the facility, be examined and evaluated by (a) a
licensed physician who may be assisted by a physician assistant
according to chapter 18.71A RCW and a mental health professional,
(b) an advanced registered nurse practitioner according to
chapter 18.79 RCW and a mental health professional, or (c) a
licensed physician and a psychiatric advanced registered nurse
practitioner and (2) shall receive such treatment and care as his
or her condition requires including treatment on an outpatient
basis for the period that he or she is detained, except that,
beginning twenty-four hours prior to a trial or hearing pursuant
to RCW 71.05.215, 71.05.240, 71.05.310, 71.05.320, 71.05.340, or 71.05.217, the individual may refuse psychiatric medications, but
may not refuse: (a) Any other medication previously prescribed
by a person licensed under Title 18 RCW; or (b) emergency
lifesaving treatment, and the individual shall be informed at an
appropriate time of his or her right of such refusal. The person
shall be detained up to seventy-two hours, if, in the opinion of
the professional person in charge of the facility, or his or her
professional designee, the person presents a likelihood of
serious harm, or is gravely disabled. A person who has been
detained for seventy-two hours shall no later than the end of
such period be released, unless referred for further care on a
voluntary basis, or detained pursuant to court order for further
treatment as provided in this chapter.
If, after examination and evaluation, the mental health
professional and licensed physician or psychiatric advanced
registered nurse practitioner determine that the initial needs of
the person would be better served by placement in a chemical
dependency treatment facility, then the person shall be referred
to an approved treatment program defined under RCW 70.96A.020.
An evaluation and treatment center admitting or accepting
any person pursuant to this chapter whose physical condition
reveals the need for hospitalization shall assure that such
person is transferred to an appropriate hospital for evaluation
or admission for treatment. Notice of such fact shall be given
to the court, the designated attorney, and the designated mental
health professional and the court shall order such continuance in
proceedings under this chapter as may be necessary, but in no
event may this continuance be more than fourteen days.
[2009 c 217 § 1; 2000 c 94 § 6; 1998 c 297 § 12; 1997 c 112 § 15; 1994 sp.s. c 9 § 747. Prior: 1991 c 364 § 11; 1991 c 105 § 4; 1989 c 120 § 6; 1987 c 439 § 2; 1975 1st ex.s. c 199 § 4; 1974 ex.s. c 145 § 14; 1973 1st ex.s. c 142 § 26.]
NOTES:
Effective dates -- Severability -- Intent -- 1998 c 297: See notes following RCW 71.05.010.
Severability -- Headings and captions not law -- Effective date -- 1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902.
Findings -- Construction -- Conflict with federal requirements -- 1991 c 364: See notes following RCW 70.96A.020.
Severability -- 1991 c 105: See note following RCW 71.05.215.