Section 388-865-0950. Competency evaluation and restoration treatment services—Admission and initial assessment.

(1) In order to provide competency evaluation and restoration treatment services, an agency described in WAC 388-865-0900(1) must ensure that for each individual admitted for treatment, the agency obtains and includes in the individual's clinical record:

(a) A copy of the court order and charging documents. If the order is for competency restoration treatment and the competency evaluation was provided by a qualified expert or professional person who was not designated by the secretary, a copy of all previous court orders related to competency or criminal insanity provided by the state and a copy of any evaluation reports must be included;

(b) A copy of the discovery materials, including, at a minimum, a statement of the individual's criminal history; and

(c) A copy of the individual's medical clearance information.

(2) The agency is responsible for the individual's initial assessment. The initial assessment must be:

(a) Conducted in person; and

(b) Completed by a professional appropriately credentialed or qualified to provide mental health services as determined by state law.

(3) The initial assessment must include and document:

(a) The individual's:

(i) Identifying information;

(ii) Specific barriers to competence;

(iii) Medical provider's name or medical providers' names;

(iv) Medical concerns;

(v) Medications currently taken;

(vi) Brief mental health history; and

(vii) Brief substance use history, including tobacco use;

(b) The identification of any risk of harm to self and others, including suicide and homicide; and

(c) Treatment recommendations or recommendations for additional program-specific assessment.

(4) To determine the nature of the disorder and the treatment necessary, the agency must ensure that the individual receives the following assessments and document in the client's record the date provided:

(a) A health assessment of the individual's physical condition to determine if the individual needs to be transferred to an appropriate hospital for treatment;

(b) An examination and medical evaluation within twenty-four hours by a physician, advanced registered nurse practitioner, or physician assistant;

(c) A psychosocial evaluation by a mental health professional; and

(d) A competency to stand trial evaluation conducted by a licensed psychologist, or a copy of a competency to stand trial evaluation using the most recent competency evaluation, if an evaluation has already been conducted.

(5) The agency must also ensure the development of an individual service plan as described in WAC 388-865-0960.

(6) If a state hospital transfers an individual to an agency for competency restoration treatment, the agency must review the individual's completed admission assessment from the state hospital to assure it meets the requirements of subsection (3) of this section for initial assessments. The agency must update the assessment as needed. If the state hospital has not completed or has only partially completed an assessment for the individual, the agency must complete the assessment according to the requirements in subsections (2) and (3) of this section.

[Statutory Authority: RCW 10.77.290, 71.24.035 and chapter 10.77 RCW, 2015 1st sp.s. c 7 and Trueblood et. al. v. DSHS et. al., Case No. C14-1178 MJP, U.S. District Court, Western District of Washington of Seattle. WSR 16-07-061, § 388-865-0950, filed 3/15/16, effective 4/15/16.]

RCW 10.77.290, 71.24.035 and chapter 10.77 RCW, 2015 1st sp.s. c 7 and Trueblood et. al. v. DSHS et. al., Case No. C14-1178 MJP, U.S. District Court, Western District of Washington of Seattle. WSR 16-07-061, § 388-865-0950, filed 3/15/16, effective 4/15/16.

Rules

388-865-0900,388-865-0960,