Wash. Rev. Code » Title 71 · Chapter 71.09
Revised Code of Washington

Wash. Rev. Code § 71.09.350 (2026)

✓ current as of May 2026
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(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 s 14; 2004 c 38 s 14; 2001 2nd sp.s. c 12 s 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.
Notes of Decisions
Cited in 4 cases, 2009–2010 · leading case: In Re Det. of Hawkins, 238 P.3d 1175 (Wash. 2010).
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In Re Det. of Hawkins, 238 P.3d 1175 (Wash. 2010). · cites it 2× “RCW 71.09.350(1). What's more, DSHS is responsible for the costs of evaluation and treatment for all committed individuals, regardless of their placement in the SCC or a less restrictive alternative, and is required to adopt rules to contain these costs.”
In re the Det. of Hawkins, 169 Wash. 2d 796 (Wash. 2010). · cites it 2× “RCW 71.09.350(1). What is more, DSHS is responsible for the costs of evaluation and treatment for all committed individuals, regardless of their placement in the SCC or a less restrictive *809 alternative, and is required to adopt rules to contain these costs.”
In Re Det. of Jones, 201 P.3d 1066 (Wash. Ct. App. 2009). · cites it 3× “070 states the certification requirements, which include successfully completing an educational program and examination approved by the Secretary of Health and having no prior sex offense convictions as defined under RCW 9.”
In re the Det. of Jones, 149 Wash. App. 16 (Wash. Ct. App. 2009). · cites it 3× “070 states the certification requirements, which include successfully completing an educational program and examination approved by the Department of Health and having no prior sex offense convictions as defined under RCW 9.”
— Wash. Rev. Code § 71.09.350(1) — 4 cases
In Re Det. of Hawkins, 238 P.3d 1175 (Wash. 2010). “RCW 71.09.350(1). What's more, DSHS is responsible for the costs of evaluation and treatment for all committed individuals, regardless of their placement in the SCC or a less restrictive alternative, and is required to adopt rules to contain these costs.”
In re the Det. of Hawkins, 169 Wash. 2d 796 (Wash. 2010). “RCW 71.09.350(1). What is more, DSHS is responsible for the costs of evaluation and treatment for all committed individuals, regardless of their placement in the SCC or a less restrictive *809 alternative, and is required to adopt rules to contain these costs.”
In Re Det. of Jones, 201 P.3d 1066 (Wash. Ct. App. 2009). “070 states the certification requirements, which include successfully completing an educational program and examination approved by the Secretary of Health and having no prior sex offense convictions as defined under RCW 9.”
In re the Det. of Jones, 149 Wash. App. 16 (Wash. Ct. App. 2009). “070 states the certification requirements, which include successfully completing an educational program and examination approved by the Department of Health and having no prior sex offense convictions as defined under RCW 9.”
— Wash. Rev. Code § 71.09.350(3) — 2 cases
In Re Det. of Jones, 201 P.3d 1066 (Wash. Ct. App. 2009). “070 states the certification requirements, which include successfully completing an educational program and examination approved by the Secretary of Health and having no prior sex offense convictions as defined under RCW 9.”
In re the Det. of Jones, 149 Wash. App. 16 (Wash. Ct. App. 2009). “070 states the certification requirements, which include successfully completing an educational program and examination approved by the Department of Health and having no prior sex offense convictions as defined under RCW 9.”
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