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 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.
(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 practice that presents, based on preliminary information,
potential for becoming a research-based or consensus-based
practice.
(14) "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.
(15) "Licensed service provider" means an entity licensed
according to this chapter or chapter 71.05 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,
that meets 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 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" means a county authority or
group of county authorities or other nonprofit entity recognized
by the secretary in contract in a defined region.
(21) "Registration records" include all the records of the
department, regional support networks, 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
some research demonstrating effectiveness, but that does not yet
meet the standard of evidence-based practices.
(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 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, boarding homes, 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 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.
(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 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 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, 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 that would present
a conflict of interest.
[2007 c 414 § 1; 2006 c 333 § 104. Prior: 2005 c 504 § 105; 2005 c 503 § 2; 2001 c 323 § 8; 1999 c 10 § 2; 1997 c 112 § 38; 1995 c 96 § 4; prior: 1994 sp.s. c 9 § 748; 1994 c 204 § 1; 1991 c 306 § 2; 1989 c 205 § 2; 1986 c 274 § 2; 1982 c 204 § 3.]
NOTES:
Finding -- Purpose -- Intent -- Severability -- Part headings not law -- Effective dates -- 2006 c 333: See notes following RCW 71.24.016.
Findings -- Intent -- Severability -- Application -- Construction--Captions, part headings, subheadings not law -- Adoption of rules -- Effective dates -- 2005 c 504: See notes following RCW 71.05.027.
Alphabetization--Correction of references--2005 c 504: See note following RCW 71.05.020.
Correction of references--Savings--Severability--2005 c 503: See notes following RCW 71.24.015.
Purpose -- Intent -- 1999 c 10: "The purpose of this act is to eliminate dates and provisions in chapter 71.24 RCW which are no longer needed. The legislature does not intend this act to make, and no provision of this act shall be construed as, a substantive change in the service delivery system or funding of the community mental health services law." [1999 c 10 § 1.]
Alphabetization of section -- 1999 c 10 § 2: "The code reviser shall alphabetize the definitions in RCW 71.24.025 and correct any cross-references." [1999 c 10 § 14.]
Effective date -- 1995 c 96: See note following RCW 71.24.400.
Severability -- Headings and captions not law -- Effective date -- 1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902.
Conflict with federal requirements -- 1991 c 306: See note following RCW 71.24.015.
Effective date -- 1986 c 274 §§ 1, 2, 3, 5, and 9: See note following RCW 71.24.015.