Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Child psychiatrist" means a person having a license as
a physician and surgeon in this state, who has had graduate
training in child psychiatry in a program approved by the
American Medical Association or the American Osteopathic
Association, and who is board eligible or board certified in
child psychiatry.
(2) "Children's mental health specialist" means:
(a) A mental health professional who has completed a minimum
of one hundred actual hours, not quarter or semester hours, of
specialized training devoted to the study of child development
and the treatment of children; and
(b) A mental health professional who has the equivalent of
one year of full-time experience in the treatment of children
under the supervision of a children's mental health specialist.
(3) "Commitment" means a determination by a judge or court
commissioner, made after a commitment hearing, that the minor is
in need of inpatient diagnosis, evaluation, or treatment or that
the minor is in need of less restrictive alternative treatment.
(4) "Designated mental health professional" means a mental health
professional designated by one or more counties to perform the
functions of a designated mental health professional described in
this chapter.
(5) "Department" means the department of social and health
services.
(6) "Evaluation and treatment facility" means a public or
private facility or unit that is certified by the department to
provide emergency, inpatient, residential, or outpatient mental
health evaluation and treatment services for minors. A
physically separate and separately-operated portion of a state
hospital may be designated as an evaluation and treatment
facility for minors. A facility which is part of or operated by
the department or federal agency does not require certification.
No correctional institution or facility, juvenile court detention
facility, or jail may be an evaluation and treatment facility
within the meaning of this chapter.
(7) "Evaluation and treatment program" means the total
system of services and facilities coordinated and approved by a
county or combination of counties for the evaluation and
treatment of minors under this chapter.
(8) "Gravely disabled minor" means a minor who, as a result
of a mental disorder, 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 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.
(9) "Inpatient treatment" means twenty-four-hour-per-day
mental health care provided within a general hospital,
psychiatric hospital, or residential treatment facility certified
by the department as an evaluation and treatment facility for
minors.
(10) "Less restrictive alternative" or "less restrictive
setting" means outpatient treatment provided to a minor who is
not residing in a facility providing inpatient treatment as
defined in this chapter.
(11) "Likelihood of serious harm" means either: (a) A
substantial risk that 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;
(b) a substantial risk that physical harm will be inflicted by an
individual 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 (c) a substantial
risk that physical harm will be inflicted by an individual upon
the property of others, as evidenced by behavior which has caused
substantial loss or damage to the property of others.
(12) "Medical necessity" for inpatient care means a
requested service which is reasonably calculated to: (a)
Diagnose, correct, cure, or alleviate a mental disorder; or (b)
prevent the worsening of mental 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.
(13) "Mental disorder" means any organic, mental, or
emotional impairment that has substantial adverse effects on an
individual's cognitive or volitional functions. The presence of
alcohol abuse, drug abuse, juvenile criminal history, antisocial
behavior, or mental retardation alone is insufficient to justify
a finding of "mental disorder" within the meaning of this
section.
(14) "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 this chapter.
(15) "Minor" means any person under the age of eighteen
years.
(16) "Outpatient treatment" means any of the nonresidential
services mandated under chapter 71.24 RCW and provided by
licensed services providers as identified by RCW 71.24.025.
(17) "Parent" means:
(a) A biological or adoptive parent who has legal custody of
the child, including either parent if custody is shared under a
joint custody agreement; or
(b) A person or agency judicially appointed as legal
guardian or custodian of the child.
(18) "Professional person in charge" or "professional
person" means a physician or other mental health professional
empowered by an evaluation and treatment facility with authority
to make admission and discharge decisions on behalf of that
facility.
(19) "Psychiatric nurse" means a registered nurse who has a
bachelor's degree from an accredited college or university, and
who has had, in addition, at least two years' experience in the
direct treatment of mentally ill or emotionally disturbed persons, such experience
gained under the supervision of a mental health professional.
"Psychiatric nurse" shall also mean any other registered nurse
who has three years of such experience.
(20) "Psychiatrist" means a person having a license as a
physician in this state who has completed residency training in
psychiatry in a program approved by the American Medical
Association or the American Osteopathic Association, and is board
eligible or board certified in psychiatry.
(21) "Psychologist" means a person licensed as a
psychologist under chapter 18.83 RCW.
(22) "Responsible other" means the minor, the minor's parent
or estate, or any other person legally responsible for support of
the minor.
(23) "Secretary" means the secretary of the department or
secretary's designee.
(24) "Start of initial detention" means the time of arrival
of the minor at the first evaluation and treatment facility
offering inpatient treatment if the minor is being involuntarily
detained at the time. With regard to voluntary patients, "start
of initial detention" means the time at which the minor gives
notice of intent to leave under the provisions of this chapter.
[2006 c 93 § 2; 1998 c 296 § 8; 1985 c 354 § 2.]
NOTES:
Findings -- Intent -- Part headings not law -- Short title -- 1998 c 296: See notes following RCW 74.13.025.