PERMANENT RULES
SOCIAL AND HEALTH SERVICES
(Health and Rehabilitative Services Administration)
Date of Adoption: December 6, 2000.
Purpose: Chapter 275-59 WAC, Criminally insane person committed to the care of the Department of Social and Health Services -- Evaluation, placement, care, and discharge, compliance with EO 97-02, to make changes consistent with recent amendments to chapter 10.77 RCW, and to renumber for inclusion into chapter 388-875 WAC.
Citation of Existing Rules Affected by this Order: Amending WAC 275-59-020, 275-59-030, and 275-59-060.
Statutory Authority for Adoption: Chapter 10.77 RCW.
Adopted under notice filed as WSR 00-17-156 on August 22, 2000.
Changes Other than Editing from Proposed to Adopted Version: Changed WAC 275-59-020, "'Evaluation' means when a court requests the department to determine..." to "'Evaluation' means when a court requests the department to provide an opinion...."
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 1, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 3, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 1, Amended 3, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 1, Amended 3, Repealed 0. Effective Date of Rule: Thirty-one days after filing.
December 6, 2000
Marie Myerchin-Redifer, Manager
Rules and Policies Assistance Unit
2805.3(2))) "Department" means the state department of social and health services.
(((3))) "Division" means the mental health division,
department of social and health services.
(((4))) "Evaluation" means the initial procedure when a
court requests the department to provide an opinion if a person
charged with a crime is competent to stand trial or, if indicated
and appropriate, if the person was suffering under a mental
disease or defect excluding responsibility at the time of the
commission of the crime.
"Indigent" means any person who is financially unable to obtain counsel or other necessary expert or professional services without causing substantial hardship to himself or his family.
"Professional person" means:
(1) A psychiatrist. This is defined as 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 who is certified or is eligible to be certified by the American Board of Psychiatry and Neurology or the American Osteopathic Board of Neurology and Psychiatry.
(2) A psychologist. This is defined as a person who has been licensed as a psychologist pursuant to chapter 18.83 RCW.
(3) A social worker. This is defined as a person with a master's or further advanced degree from an accredited school of social work or a degree deemed equivalent under rules adopted by the secretary.
"Secretary" means the secretary of the department of social and health services or his designee.
"Superintendent" means the person responsible for the functioning of a treatment facility.
"Treatment facility" means any facility operated or approved by the department of social and health services for the treatment of the criminally insane. Such definition shall not include any state correctional institution or facility.
(((5) "Superintendent" means the person responsible for the
functioning of a treatment facility.
(6) "Evaluation" means the initial procedure when a court requests the department to determine if a person charged with a crime is competent to stand trial or, if indicated and appropriate, if the person was suffering under a mental disease or defect excluding responsibility at the time of the commission of the crime.
(7) "Indigent" means any person who is financially unable to obtain counsel or other necessary expert or professional services without causing substantial hardship to himself or his family.
(8) "Mental health professional" means:
(a) A psychiatrist. This is defined as 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.
(b) A psychologist. This is defined as a person with a doctoral degree in clinical psychology from an accredited college or university, or who has been licensed as a psychologist pursuant to chapter 18.83 RCW.
(c) A social worker. This is defined as a person with a master's or further advanced degree from an accredited school of social work, and who has had a minimum of two years of experience in the direct treatment of mentally ill or emotionally disturbed persons under the supervision of a mental health professional.
(d) A psychiatric nurse. This is defined as a registered nurse who has a master's or further advanced degree in psychiatric nursing from an accredited college or university, and who has had a minimum of two years of experience in the direct treatment of mentally ill or emotionally disturbed persons under the supervision of a mental health professional.))
[Statutory Authority: RCW 72.01.090. 79-03-038 (Order 1373), § 275-59-020, filed 3/1/79; Order 846, § 275-59-020, filed 8/9/73.]
(1) Evaluation and treatment of any person committed to the secretary for evaluation or treatment, under chapter 10.77 RCW;
(2) Assisting the court in obtaining nondepartmental
((mental health professionals)) experts or professional persons
to participate in the evaluation or a hearing on behalf of the
defendant and supervising the procedure whereby such
professionals will be compensated, according to fee schedule if
the person being evaluated or treated is an indigent;
(3) Assuring that any nondepartmental ((mental health))
expert or professional person requesting compensation has
maintained adequate evaluation and treatment records which
justify compensation;
(4) Assisting the court by designation of experts or
professional((s)) persons to examine the defendant and report to
the court when the defendant is not committed to the secretary;
(5) Determination of what treatment ((center)) facility
shall have custody of persons committed to the secretary under
chapter 10.77 RCW.
(6) If the court is advised by any party that the defendant may be developmentally disabled, at least one of the experts or professional persons appointed shall be a developmental disabilities professional.
[Statutory Authority: RCW 72.01.090. 79-03-038 (Order 1373), § 275-59-030, filed 3/1/79; Order 846, § 275-59-030, filed 8/9/73.]
(2) Every person, committed to the secretary as criminally
insane, shall have an individualized treatment plan formulated by
the treatment ((center)) facility. This plan shall be developed
by appropriate ((mental health professionals)) treatment team
members and implemented as soon as possible but no later than
fifteen days after the person's admission to the treatment
((center)) facility as criminally insane. Each individualized
treatment plan shall include, but not be limited to:
(a) A statement of the nature of the specific problems and specific needs of the patient;
(b) A statement of the physical setting necessary to achieve the purposes of commitment;
(c) A description of intermediate and long-range treatment goals, with a projected timetable for their attainment;
(d) A statement and rationale for the plan of treatment for achieving these intermediate and long-range goals;
(e) A specification of staff responsibility and a description of proposed staff involvement with a patient in order to attain these treatment goals;
(f) Criteria for recommendation to the court for release.
(3) This individualized treatment plan shall be reviewed by
the treatment ((center)) facility periodically, at least every
six months, and a copy of the plan shall be sent to the
committing court.
[Statutory Authority: RCW 72.01.090. 79-03-038 (Order 1373), § 275-59-060, filed 3/1/79; Order 846, § 275-59-060, filed 8/9/73.]
(1) Psychiatric assessment;
(2) Release summary; and
(3) Pre-trial report of the examination, either inpatient or outpatient.
Other relevant information may be provided by agreement between the requesting criminal justice agency and the treatment facility, subject to federal and state confidentiality provisions.
[]
The following sections of the Washington Administrative Code, as amended, are recodified as follows:
| Old WAC Number | New WAC Number |
| 275-59-020 | 388-875-0020 |
| 275-59-030 | 388-875-0030 |
| 275-59-060 | 388-875-0060 |
The following sections of the Washington Administrative Code are recodified as follows:
| Old WAC Number | New WAC Number |
| 275-59-010 | 388-875-0010 |
| 275-59-041 | 388-875-0040 |
| 275-59-050 | 388-875-0050 |
| 275-59-071 | 388-875-0070 |
| 275-59-072 | 388-875-0080 |
| 275-59-080 | 388-875-0090 |
| 275-59-090 | 388-875-0100 |