FINAL BILL REPORT

SHB 2385

                                  C 151 L 90

BYHouse Committee on Human Services (originally sponsored by Representatives Sayan, Moyer and Winsley; by request of Department of Social and Health Services)

Making technical changes to alcohol and drug treatment laws.

House Committe on Human Services

Senate Committee on Health & Long-Term Care

SYNOPSIS AS ENACTED

BACKGROUND:

During the 1989 session, the Legislature enacted two separate bills amending the same statutes of the chemical dependency law. Changes appearing in one version did not appear in the other, leaving the status of these changes unclear.  These double amendments affect the definitions, references to obsolete terminology, authority governing license revocation, and adjudicative procedures.

There is no definition of "chemical dependency specialist" who performs commitment duties under the law.

Patient records maintained by treatment programs are confidential but can be disclosed if authorized by court order upon a showing of good cause.  However, federal law specifies conditions for disclosure of patient records and supersedes less restrictive state laws as a condition for receiving federal funds.

The Department of Social and Health Services has no clear authority to receive information from patient records for the purpose of verifying eligibility and the appropriateness of reimbursement.

Alcohol and substance treatment services to eligible pregnant women under the state medical assistance program are funded with a specific reference to a 1989 bill.

SUMMARY:

The multiple legislative changes to the chemical dependency law are reenacted to conform the provisions and terminology.  Definitions of "chemical dependency specialist," "gravely disabled by alcohol and other drugs," "licensed physician," and "peace officer" are added to the definitions.

References to "treatment facility" are conformed to the definition of "treatment program."  The provisions authorizing the department to revoke licenses and to allow adjudicative proceedings in place of superior court jurisdiction are reenacted.

The department's authority to receive information from patient records to verify persons, firms, and approved drug and alcohol treatment programs are obligated to conform to federal regulations governing the confidentiality of patient records.

The reference is deleted to the funding source of alcohol and substance abuse treatment services for pregnant women under the state medical assistance program.

VOTES ON FINAL PASSAGE:

      House 88   0

      Senate    46     0

EFFECTIVE:March 23, 1990