HOUSE BILL REPORT

HB 1656

BYRepresentatives Brekke and Armstrong

Providing treatment and services for drug addiction.

House Committe on Human Services

Majority Report:  The substitute bill be substituted therefor and the substitute bill do pass.  (6)

      Signed by Representatives Brekke, Chair; Scott, Vice Chair; Anderson, Leonard, H. Sommers and Sutherland.

Minority Report:  Do not pass.  (3)

      Signed by Representatives Moyer, Padden and Winsley.

House Staff:John B. Welsh, Jr.  (786-7133)

AS REPORTED BY COMMITTEE ON HUMAN SERVICES FEBRUARY 2, 1988

BACKGROUND:

Generally, as a matter of law, one spouse cannot be examined in court for or against the other spouse without consent.  One exception is a proceeding under the involuntary treatment act for mental illness, but a spouse cannot be compelled to testify against the other spouse.

A physician, or nurse, or psychologist cannot be examined in court on information acquired in attending a patient without the patient's consent. One exception is a proceeding under the involuntary commitment for mental illness.

The Uniform Alcoholism and Intoxication Treatment Act provides for the involuntary commitment of alcoholics and persons incapacitated by alcohol.  Persons incapacitated by alcohol in a public place can be taken into protective custody for up to seventy-two hours. Persons incapacitated as a result of alcoholism, may further be involuntarily committed for treatment in an alcohol treatment facility for a period of up to thirty days, and recommitted for two subsequent periods of ninety-days respectively.

Persons incapacitated or gravely disabled by drug abuse are not able to be taken into protective custody for detoxification or committed for treatment under the alcohol involuntary treatment act.

SUMMARY:

SUBSTITUTE BILL: A spouse may be examined in court on matters relating to the other spouse, and a physician, nurse or psychologist may testify on information acquired from a patient during commitment proceedings under the Uniform Alcoholism and Intoxication Treatment Act, if a court determines the information sought is necessary to protect the detained person or the public.  The waiver of confidentiality of privileged communications is limited to information relevant to the evaluation of the person detained for commitment purposes.

Persons who are found to be incapacitated or gravely disabled by alcohol or other drugs may be detained in protective custody.  Persons who are incapacitated by alcohol may be committed for a period of up to sixty days in approved alcohol treatment facilities and recommitted for a further period of ninety days.  The committed person may be discharged earlier in the discretion of the professional in charge of the treatment facility when the grounds for commitment no longer exist.

The professional may also discharge the committed person when the committed person can be appropriately served by outpatient treatment.  In such event, the conditions for early release must be given to the patient, the alcoholism specialist, and the court. The facility may further modify the conditions for release if they are in the person's best interests.  The detained person, after a court hearing, may be returned to more restrictive care if he or she fails to adhere to the conditions of release or is undergoing substantial deterioration.

The prosecuting attorney is required to represent counties petitioning for commitment.

SUBSTITUTE BILL COMPARED TO ORIGINAL:  Waivers of the privileges of confidentiality are added.  Persons incapacitated by drugs can be detained in protective custody for detoxification up to seventy-two hours, but there is no provision for involuntary treatment.  The successive commitment periods of thirty, ninety and ninety days respectively are changed to sixty and ninety days.  Outpatient treatment is authorized.

Fiscal Note:      Available.

House Committee ‑ Testified For:    Thelma Struck, Department of Social and Health Services; and Linda Grant, Director, Alcoholism and Addiction Programs.

House Committee - Testified Against:      None Presented.

House Committee - Testimony For:    Persons incapacitated by drugs cannot be placed in protective custody for detoxification under the alcohol involuntary treatment act.  Drug addiction is a big problem, especially in the urban counties, and becoming quantitatively a bigger one because of the spread of AIDS by shared needles.  Many need treatment or face becoming gravely disabled leading to death.  This bill will permit law enforcement to take drug addicts into protective custody for detoxification, and make it easier to treat alcoholics.

House Committee - Testimony Against:      None Presented.