RCW 71.09.350
Examination and treatment only by certified providers—Exceptions.
(1) Examinations and treatment of sexually violent predators who are conditionally released to a less restrictive alternative under this chapter shall be conducted only by certified sex offender treatment providers or certified affiliate sex offender treatment providers under chapter 18.155 RCW unless the court or the department of social and health services finds that: (a) The treatment provider is employed by the department; or (b)(i) all certified sex offender treatment providers or certified affiliate sex offender treatment providers become unavailable to provide treatment within a reasonable geographic distance of the person's home, as determined in rules adopted by the department of social and health services; and (ii) the evaluation and treatment plan comply with the rules adopted by the department of social and health services.
A treatment provider approved by the department of social and health services under (b) of this subsection, who is not certified by the department of health, shall consult with a certified sex offender treatment provider during the person's period of treatment to ensure compliance with the rules adopted by the department of health. The frequency and content of the consultation shall be based on the recommendation of the certified sex offender treatment provider.
(2) A treatment provider, whether or not he or she is employed or approved by the department of social and health services under subsection (1) of this section or otherwise certified, may not perform or provide treatment of sexually violent predators under this section if the treatment provider has been:
(a) Convicted of a sex offense, as defined in RCW 9.94A.030;
(b) Convicted in any other jurisdiction of an offense that under the laws of this state would be classified as a sex offense as defined in RCW 9.94A.030; or
(c) Suspended or otherwise restricted from practicing any health care profession by competent authority in any state, federal, or foreign jurisdiction.
(3) Nothing in this section prohibits a qualified expert from examining or evaluating a sexually violent predator who has been conditionally released for purposes of presenting an opinion in court proceedings.
[ 2009 c 409 § 14; 2004 c 38 § 14; 2001 2nd sp.s. c 12 § 404.]
NOTES:
Application—Effective date—2009 c 409: See notes following RCW 71.09.020.
Effective date—2004 c 38: See note following RCW 18.155.075.
Intent—Severability—Effective dates—2001 2nd sp.s. c 12: See notes following RCW 71.09.250.
Structure Revised Code of Washington
Chapter 71.09 - Sexually Violent Predators.
71.09.015 - Finding—Intent—Clarification.
71.09.025 - Notice to prosecuting attorney prior to release.
71.09.030 - Sexually violent predator petition—Filing.
71.09.050 - Trial—Rights of parties.
71.09.055 - Expert evaluations of indigent persons—Costs.
71.09.060 - Trial—Determination—Commitment procedures.
71.09.070 - Annual examinations of persons committed under chapter—Suspension of section.
71.09.080 - Rights of persons committed under this chapter—Use of personal computers regulated.
71.09.092 - Conditional release to less restrictive alternative—Findings.
71.09.094 - Conditional release to less restrictive alternative—Verdict.
71.09.096 - Conditional release to less restrictive alternative—Judgment—Conditions—Annual review.
71.09.110 - Department of social and health services—Duties—Reimbursement.
71.09.111 - Department of social and health services—Disclosures to the prosecuting agency.
71.09.115 - Record check required for employees of secure facility.
71.09.120 - Release of information authorized.
71.09.130 - Notice of escape or disappearance—Warrants—Liability.
71.09.135 - McNeil Island—Escape planning, response.
71.09.140 - Notice of conditional release or unconditional discharge—Notice of escape and recapture.
71.09.200 - Escorted leave—Definitions.
71.09.210 - Escorted leave—Conditions.
71.09.220 - Escorted leave—Notice.
71.09.230 - Escorted leave—Rules.
71.09.250 - Transition facility—Siting.
71.09.252 - Transition facilities—Agreements for regional facilities.
71.09.255 - Transition facilities—Incentive grants and payments.
71.09.260 - Transition facilities not limited to residential neighborhoods.
71.09.265 - Transition facilities—Distribution of impact.
71.09.275 - Transition facility—Transportation of residents.
71.09.280 - Transition facility—Release to less restrictive placement.
71.09.285 - Transition facility—Siting policy guidelines.
71.09.290 - Other transition facilities—Siting policy guidelines.
71.09.295 - Transition facilities—Security systems.
71.09.300 - Transition facilities—Staffing.
71.09.305 - Transition facility residents—Monitoring, escorting.
71.09.310 - Transition facility residents—Mandatory escorts.
71.09.315 - Transition facilities—Public notice, review, and comment.
71.09.320 - Transition facilities—Operational advisory boards.
71.09.325 - Transition facilities—Conditional release—Reports—Violations.
71.09.330 - Transition facilities—Contracted operation—Enforcement remedies.
71.09.335 - Conditional release from total confinement—Community notification.
71.09.340 - Conditionally released persons—Employment, educational notification.
71.09.341 - Transition facilities—Authority of department—Effect of local regulations.
71.09.343 - Transition facilities—Contract between state and local governments.
71.09.344 - Transition facilities—Mitigation agreements.
71.09.345 - Alternative placement—Authority of court.
71.09.350 - Examination and treatment only by certified providers—Exceptions.
71.09.370 - Residents in total confinement—State identification cards.
71.09.810 - Sex offender policy board—Quarterly meetings.
71.09.903 - Construction—Chapter applicable to state registered domestic partnerships—2009 c 521.