Wash. Rev. Code § 71.32.020

Current through 2024

Section 71.32.020 - Definitions

The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.

(1) "Adult" means any individual who has attained the age of majority or is an emancipated minor.

(2) "Agent" has the same meaning as an attorney-in-fact or agent as provided in chapter 11.125 RCW.

(3) "Behavioral health disorder" means a mental disorder, a substance use disorder, or a co-occurring mental health and substance use disorder.

(4) "Capacity" means that a person has not been found to be incapacitated pursuant to this chapter or subject to a guardianship under RCW 11.130.265.

(5) "Court" means a superior court under chapter 2.08 RCW.

(6) "Health care facility" means a hospital, as defined in RCW 70.41.020; an institution, as defined in RCW 71.12.455; a state hospital, as defined in RCW 72.23.010; a nursing home, as defined in RCW 18.51.010; or a clinic that is part of a community behavioral health service delivery system, as defined in RCW 71.24.025.

(7) "Health care provider" means an osteopathic physician licensed under chapter 18.57 RCW, a physician or physician's assistant licensed under chapter 18.71 or 18.71A RCW, or an advanced registered nurse practitioner licensed under *RCW 18.79.050.

(8) "Incapacitated" means a person who:

(a) Is unable to understand the nature, character, and anticipated results of proposed treatment or alternatives; understand the recognized serious possible risks, complications, and anticipated benefits in treatments and alternatives, including nontreatment; or communicate his or her understanding or treatment decisions; or

(b) has been found to be subject to a guardianship under RCW 11.130.265.

(9) "Informed consent" means consent that is given after a person:

(a) Is provided with a description of the nature, character, and anticipated results of proposed treatments and alternatives, and the recognized serious possible risks, complications, and anticipated benefits in the treatments and alternatives, including nontreatment, in language that the person can reasonably be expected to understand; or

(b) elects not to be given the information included in (a) of this subsection.

(10) "Long-term care facility" has the same meaning as defined in RCW 43.190.020.

(11) "Mental disorder" means any organic, mental, or emotional impairment which has substantial adverse effects on an individual's cognitive or volitional functions.

(12) "Mental health advance directive" or "directive" means a written document in which the principal makes a declaration of instructions or preferences or appoints an agent to make decisions on behalf of the principal regarding the principal's mental health treatment, or both, and that is consistent with the provisions of this chapter.

(13) "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 pursuant to the provisions of chapter 71.05 RCW.

(14) "Principal" means a person who has executed a mental health advance directive.

(15) "Professional person" means a mental health 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 chapter 71.05 RCW.

(16) "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.

(17) "Substance use disorder" means a cluster of cognitive, behavioral, and physiological symptoms indicating that an individual continues using the substance despite significant substance-related problems. The diagnosis of a substance use disorder is based on a pathological pattern of behaviors related to the use of the substances.

RCW 71.32.020

Amended by 2021 c 287,§ 4, eff. 7/1/2022.

Amended by 2020 c 80,§ 53, eff. 7/1/2022.

Amended by 2020 c 312,§ 732, eff. 1/1/2022.

Amended by 2016 c 209,§ 407, eff. 1/1/2017.

Amended by 2011 c 89,§ 15, eff. 1/1/2012.

2003 c 283 § 2.

Reviser's note: *(1) RCW 18.79.050 was amended by 2024 c 239 s 3, changing "advanced registered nurse practitioner" to "advanced practice registered nurse," effective June 30, 2027.

(2) The definitions in this section have been alphabetized pursuant to RCW 1.08.015(2)(k).

Effective date- 2021 c 287 s 4: "Section 4 of this act takes effect July 1, 2022." [2021 c 287 s 25.]

Effective date- 2021 c 287 s 3: "Section 3 of this act takes effect January 1, 2022." [2021 c 287 s 23.]

Expiration date- 2021 c 287 s 3: "Section 3 of this act expires July 1, 2022." [2021 c 287 s 24.]

Expiration date- 2021 c 287 s 2: "Section 2 of this act expires January 1, 2022." [2021 c 287 s 22.]

Effective dates- 2020 c 312 : See note following RCW 11.130.915.

Effective date- 2020 c 80 s s 12-59: See note following RCW 7.68.030.

Intent- 2020 c 80 : See note following RCW 18.71A.010.

Short title-Application-Uniformity-Federal law application-Federal electronic signatures in global and national commerce act-Application-Dates-Effective date- 2016 c 209 : See RCW 11.125.010 and 11.125.900 through 11.125.903.

Effective date- 2011 c 89 : See note following RCW 18.320.005.

Findings- 2011 c 89 : See RCW 18.320.005.