S-1384.1 _______________________________________________
SUBSTITUTE SENATE BILL 5620
_______________________________________________
State of Washington 56th Legislature 1999 Regular Session
By Senate Committee on Human Services & Corrections (originally sponsored by Senators Long, Hargrove, Deccio, Prentice, Franklin and Patterson)
Read first time 02/24/1999.
AN ACT Relating to chemical dependency treatment services; amending RCW 70.96A.010, 70.96A.011, 70.96A.020, 70.96A.030, 70.96A.040, 70.96A.043, 70.96A.050, 70.96A.070, 70.96A.085, 70.96A.087, 70.96A.090, 70.96A.100, 70.96A.110, 70.96A.120, 70.96A.145, 70.96A.150, 70.96A.160, 70.96A.180, 70.96A.265, 70.96A.300, 70.96A.310, and 70.96A.320; reenacting RCW 70.96A.430; adding new sections to chapter 70.96A RCW; recodifying RCW 70.96A.430; repealing RCW 70.96A.060, 70.96A.080, 70.96A.140, and 70.96.150; and providing an effective date.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1. A new section is added to chapter 70.96A RCW to read as follows:
It is the intent of the legislature to: (1) Clarify that it is the nature of a person's current conduct, current chemical abuse, current mental condition, history, and likelihood of committing future acts that pose a threat to public safety or himself or herself that should determine treatment procedures and level; and (2) provide additional opportunities for chemical dependency treatment for persons whose conduct threatens themselves or threatens public safety as a result of the chemical dependency.
Sec. 2. RCW 70.96A.010 and 1989 c 271 s 304 are each amended to read as follows:
It
is the policy of this state that ((alcoholics and intoxicated)) chemically
dependent persons may not be subjected to criminal prosecution solely
because of their consumption of alcoholic beverages or psychoactive
chemicals but rather should((, within available funds,)) be afforded
a continuum of treatment in order that they may lead normal lives as productive
members of society. ((Within available funds, treatment should also be
provided for drug addicts.))
Sec. 3. RCW 70.96A.011 and 1989 c 270 s 1 are each amended to read as follows:
The
legislature finds that the ((use)) abuse of alcohol and ((other
drugs has become)) psychoactive chemicals is a serious threat to the
health of the citizens of the state of Washington. The ((use)) abuse
of psychoactive chemicals ((has been found to be)) is a prime
factor in the ((current)) AIDS epidemic. Therefore, a comprehensive
statute to deal with ((alcoholism and other drug addiction)) chemical
dependency is necessary.
The
legislature agrees with the 1987 resolution of the American Medical Association
that endorses the proposition that all chemical dependencies, including
alcoholism, are diseases. It is the intent of the legislature to end the sharp
distinctions between alcoholism services and other drug addiction services, to
recognize that chemical dependency is a disease, and to insure that prevention
and treatment services are available and are of high quality. It is the
purpose of this chapter to provide the financial assistance necessary to enable
the department ((of social and health services)) to provide a discrete
program of ((alcoholism and other drug addiction)) chemical
dependency services. It is not the intent of the legislature that the
department or its contractors use the existence of a discrete program to
prevent, avoid, or impede collaboration or coordinated delivery of services to
persons with mental disorders.
Sec. 4. RCW 70.96A.020 and 1998 c 296 s 22 are each amended to read as follows:
For the purposes of this chapter the following words and phrases shall have the following meanings unless the context clearly requires otherwise:
(1) "Alcoholic" means a person who suffers from the disease of alcoholism.
(2) "Alcoholism" means a disease, characterized by a dependency on alcoholic beverages, loss of control over the amount and circumstances of use, symptoms of tolerance, physiological or psychological withdrawal, or both, if use is reduced or discontinued, and impairment of health or disruption of social or economic functioning.
(3) "Approved treatment program" means a discrete program of chemical dependency treatment provided by a treatment program certified by the department of social and health services as meeting standards adopted under this chapter.
(4)
"Chemical dependency" means: (a) Alcoholism ((or));
(b) drug addiction((,)); or (c) dependence on alcohol
and one or more other psychoactive chemicals, as the context requires.
(5) "Chemical dependency program" means expenditures and activities of the department designed and conducted to prevent or treat alcoholism and other drug addiction, including reasonable administration and overhead.
(6) "Chemically dependent person" means a person with a chemical dependency.
(7) "Department" means the department of social and health services.
(((7)))
(8) "Designated chemical dependency specialist" or
"specialist" means a person designated by the county ((alcoholism
and other drug addiction)) chemical dependency program coordinator
designated under RCW 70.96A.310 to perform the commitment duties described in
((RCW 70.96A.140)) sections 16 through 25 of this act and
qualified to do so by meeting standards adopted by the department.
(((8)))
(9) "Director" means the person administering the chemical
dependency program within the department.
(((9)))
(10) "Drug addict" means a person who suffers from the disease
of drug addiction.
(((10)))
(11) "Drug addiction" means a disease characterized by a
dependency on psychoactive chemicals, loss of control over the amount and
circumstances of use, symptoms of tolerance, physiological or psychological
withdrawal, or both, if use is reduced or discontinued, and impairment of
health or disruption of social or economic functioning.
(((11)))
(12) "Emergency service patrol" means a patrol established
under RCW 70.96A.170.
(((12)))
(13) "Gravely disabled by alcohol or other ((drugs)) psychoactive
chemicals" or "gravely disabled" means that a person,
as a result of the use of alcohol or other ((drugs)) psychoactive
chemicals: (a) Is in danger of serious physical harm resulting from a
failure to provide for his or her essential human needs of health or safety; or
(b) manifests severe deterioration in routine functioning evidenced by a
repeated and escalating loss of cognition or volitional control over his or her
actions and is not receiving care or treatment as essential for his or
her health or safety.
(((13)))
(14) "History of one or more violent acts" refers to the period of
time ten years prior to the filing of a petition under this chapter, excluding
any time spent, but not any violent acts committed, in a mental health
facility, a long-term alcoholism or drug treatment facility, or in confinement.
(15) "Incapacitated by alcohol or other psychoactive chemicals" or "incapacitated" means that a person, as a result of the use of alcohol or other psychoactive chemicals, has his or her judgment so impaired that he or she is incapable of realizing and making a rational decision with respect to his or her need for treatment and presents a likelihood of serious harm to himself or herself, to any other person, or to property.
(((14)))
(16) "Incompetent person" means a person who has been adjudged
incompetent by the superior court.
(((15)))
(17) "Intoxicated person" means a person whose mental or
physical functioning is substantially impaired as a result of the use of
alcohol or other psychoactive chemicals.
(((16)))
(18) "Licensed physician" means a person licensed to practice
medicine or osteopathic medicine and surgery in the state of Washington.
(((17)))
(19) "Likelihood of serious harm" means ((either)):
(a)
A substantial risk that: (i) Physical harm will be inflicted by an
individual upon his or her own person, as evidenced by threats or attempts to
commit suicide or inflict physical harm on one's self; (((b) a substantial
risk that)) (ii) physical harm will be inflicted by an individual
upon another, as evidenced by behavior that has caused the harm or that places
another person or persons in reasonable fear of sustaining the harm; or (((c)
a substantial risk that)) (iii) physical harm will be inflicted by
an individual upon the property of others, as evidenced by behavior that has
caused substantial loss or damage to the property of others; or
(b) The individual has threatened the physical safety of another and has a history of one or more violent acts.
(((18)))
(20) "Medical necessity" for inpatient ((care)) treatment
of a minor means a requested certified inpatient service that is reasonably
calculated to: (a) Diagnose, arrest, or alleviate a chemical dependency; or
(b) prevent the worsening of chemical dependency conditions that endanger life
or cause suffering and pain, or result in illness or infirmity or threaten to
cause or aggravate a handicap, or cause physical deformity or malfunction, and
there is no adequate less restrictive alternative available.
(((19)))
(21) "Minor" means a person less than eighteen years of age.
(((20)))
(22) "Parent" means the parent or parents who have the legal
right to custody of the child. Parent includes custodian or guardian.
(((21)))
(23) "Peace officer" means a law enforcement official of a
public agency or governmental unit, and includes persons specifically given
peace officer powers by any state law, local ordinance, or judicial order of
appointment.
(((22)))
(24) "Person" means an individual, including a minor.
(((23)))
(25) "Professional person in charge" or "professional
person" means a physician or chemical dependency counselor as defined in
rule by the department, who is empowered by a certified treatment program with
authority to make assessment, admission, continuing ((care)) treatment,
and discharge decisions on behalf of the certified program.
(((24)))
(26) "Secretary" means the secretary of the department of
social and health services.
(((25)))
(27) "Treatment" means the broad range of emergency,
detoxification, residential, and outpatient services and care, including
diagnostic evaluation, chemical dependency education and counseling, medical,
psychiatric, psychological, and social service care, vocational rehabilitation
and career counseling, which may be extended to ((alcoholics and other drug
addicts)) chemically dependent persons and their families, persons
incapacitated by alcohol or other psychoactive chemicals, and intoxicated
persons.
(((26)))
(28) "Treatment program" means an organization, institution,
or corporation, public or private, engaged in the care, treatment, or
rehabilitation of ((alcoholics or other drug addicts)) chemically
dependent persons.
(29) "Violent act" means behavior that resulted in homicide, attempted suicide, nonfatal injuries, or substantial damage to property.
Sec. 5. RCW 70.96A.030 and 1989 c 270 s 4 are each amended to read as follows:
A
discrete ((program of)) chemical dependency program is
established within the department ((of social and health services)), to
be administered by a qualified person who has training and experience in ((handling
alcoholism and other drug addiction problems)): (1) Providing chemical
dependency treatment; or (2) the organization or administration of
((treatment services for persons suffering from alcoholism or other drug
addiction problems)) chemical dependency treatment programs.
Sec. 6. RCW 70.96A.040 and 1989 c 270 s 5 are each amended to read as follows:
The department, in the operation of the chemical dependency program, may:
(1) Plan, establish, and maintain prevention and treatment programs as necessary or desirable;
(2)
Make contracts necessary or incidental to the performance of its duties and the
execution of its powers under this chapter, including contracts with
public and private agencies, organizations, and individuals to pay them for
services ((rendered or furnished)) provided to ((alcoholics or
other drug addicts)) chemically dependent persons, persons
incapacitated or gravely disabled by alcohol or other psychoactive
chemicals, or intoxicated persons;
(3) Enter into agreements for monitoring of verification of qualifications of counselors employed by approved treatment programs;
(4)
Adopt rules under chapter 34.05 RCW to carry out the provisions and purposes of
this chapter, and ((contract,)) cooperate((,)) and
coordinate with other public or private agencies or individuals for those
purposes;
(5)
Solicit and accept for use any gift or bequest of money or property ((made
by will or otherwise)), and any grant of money, services, or property from
the federal government, the state, or any political subdivision thereof or any
private source, and do all things necessary to cooperate with the federal
government or any of its agencies in making an application for any grant;
(6)
Administer or supervise the administration of the provisions ((relating to
alcoholics, other drug addicts, and intoxicated persons)) of any state plan
submitted for federal funding pursuant to federal health, welfare, or treatment
legislation relating to alcoholics, other drug addicts, and intoxicated
persons;
(7)(a)
Coordinate its activities and cooperate with chemical dependency programs in
this and other states((,)); and
(b)
Make contracts and other joint or cooperative arrangements with state,
local, or private agencies in this and other states for: (i) The treatment
of ((alcoholics and other drug addicts)) chemically dependent persons
and their families((,)); persons incapacitated by alcohol or
other psychoactive chemicals((,)); and intoxicated persons;
and ((for)) (ii) the common advancement of chemical dependency
programs;
(8) Keep records and engage in research and the gathering of relevant statistics;
(9) Do other acts and things necessary or convenient to execute the authority expressly granted to it; and
(10) Acquire, hold, or dispose of real property or any interest therein, and construct, lease, or otherwise provide treatment programs.
Sec. 7. RCW 70.96A.043 and 1989 c 270 s 7 are each amended to read as follows:
Pursuant
to ((the Interlocal Cooperation Act,)) chapter 39.34 RCW, the department
may enter into agreements to accomplish the purposes of this chapter.
Sec. 8. RCW 70.96A.050 and 1989 c 270 s 6 are each amended to read as follows:
The department shall:
(1)
Develop, encourage, and foster state-wide, regional, and local plans and
programs for the prevention of ((alcoholism and other drug addiction)) chemical
dependency, treatment of ((alcoholics and other drug addicts)) chemically
dependent persons and their families, persons incapacitated by alcohol or
other psychoactive chemicals, and intoxicated persons in cooperation with
public and private agencies, organizations, and individuals and provide
technical assistance and consultation services for these purposes;
(2)
Coordinate the efforts and enlist the assistance of all public and private
agencies, organizations, and individuals interested in prevention of ((alcoholism
and drug addiction)) chemical dependency, and treatment of ((alcoholics
and other drug addicts)) chemically dependent persons and their
families, persons incapacitated by alcohol or other psychoactive chemicals, and
intoxicated persons;
(3)
Cooperate with public and private agencies in establishing and conducting
programs to provide treatment for ((alcoholics and other drug addicts)) chemically
dependent persons and their families, persons incapacitated by alcohol or
other psychoactive chemicals, and intoxicated persons who are ((clients of
the)) under the supervision of the state or local correctional
systems;
(4)
Cooperate with the superintendent of public instruction, state board of
education, schools, police departments, courts, and other public and private
agencies, organizations, and individuals in establishing programs for
the prevention of ((alcoholism and other drug addiction)) chemical
dependency, treatment of ((alcoholics or other drug addicts)) chemically
dependent persons and their families, persons incapacitated or gravely
disabled by alcohol ((and)) or other psychoactive chemicals,
and intoxicated persons, and preparing curriculum materials thereon for use at
all levels of school education;
(5) Prepare, publish, evaluate, and disseminate educational material dealing with the nature and effects of alcohol and other psychoactive chemicals and the consequences of their use;
(6)
Develop and implement, as an integral part of treatment programs, an
educational program for use in the treatment of ((alcoholics or other drug
addicts)) chemically dependent persons, persons incapacitated by
alcohol ((and)) or other psychoactive chemicals, and intoxicated
persons((, which)). The program shall include the dissemination
of information concerning: (a) The nature and effects of alcohol and
other psychoactive chemicals((,)); (b) the consequences of their
use((,)); (c) the principles of recovery((,)) from
chemical dependency; and (d) HIV and AIDS;
(7)
Organize and foster training programs for persons engaged in treatment of ((alcoholics
or other drug addicts)) chemically dependent persons, persons
incapacitated by alcohol ((and)) or other psychoactive chemicals,
and intoxicated persons;
(8)
Sponsor and encourage research into the causes and nature of ((alcoholism
and other drug addiction)) chemical dependency, treatment of ((alcoholics
and other drug addicts)) chemically dependent persons, persons
incapacitated by alcohol ((and)) or other psychoactive chemicals,
and intoxicated persons, and serve as a clearing house for information relating
to ((alcoholism or other drug addiction)) chemical dependency;
(9) Specify uniform methods for keeping statistical information by public and private agencies, organizations, and individuals, and collect and make available relevant statistical information, including number of persons treated, frequency of admission and readmission, and frequency and duration of treatment;
(10)
Advise the governor in the preparation of a comprehensive plan for treatment of
((alcoholics and other drug addicts)) chemically dependent persons,
persons incapacitated by alcohol or other psychoactive chemicals, and
intoxicated persons for inclusion in the state's comprehensive health plan;
(11)
Review all state health, welfare, and treatment plans to be submitted for
federal funding under federal legislation, and advise the governor on
provisions to be included relating to ((alcoholism and other drug addiction))
chemical dependency, chemically dependent persons, persons incapacitated
by alcohol or other psychoactive chemicals, and intoxicated persons;
(12)
Assist in the development of, and cooperate with, programs for ((alcohol and
other psychoactive chemical)) chemical dependency education and
treatment for employees of state and local governments and businesses and
industries in the state;
(13)
Use the support and assistance of interested persons in the community to
encourage ((alcoholics and other drug addicts)) chemically dependent
persons voluntarily to undergo treatment;
(14) Cooperate with public and private agencies in establishing and conducting programs designed to deal with the problem of persons operating motor vehicles while intoxicated;
(15)
Encourage general hospitals and other appropriate health facilities to admit
without discrimination ((alcoholics and other drug addicts)) chemically
dependent persons, persons incapacitated by alcohol or other psychoactive
chemicals, and intoxicated persons and to provide them with adequate and
appropriate treatment;
(16)
Encourage all health and disability insurance programs to include ((alcoholism
and other drug addiction)) chemical dependency as a covered illness;
and
(17)
Organize and sponsor a state-wide program to help judges and court
personnel((, including judges,)) better understand ((the disease of
alcoholism and other drug addiction)) chemical dependency and the
uses of chemical dependency treatment programs.
Sec. 9. RCW 70.96A.070 and 1994 c 231 s 2 are each amended to read as follows:
Pursuant
to the provisions of RCW 43.20A.360, there shall be a citizens advisory council
composed of not less than seven nor more than fifteen members. It is the
intent of the legislature that the citizens advisory council broadly represent
citizens who have been recipients of voluntary or involuntary treatment for ((alcoholism
or other drug addiction)) chemical dependency and who have been in
recovery from chemical dependency for a minimum of two years. To meet this
intent, at least two-thirds of the council's members shall be former recipients
of these services and not employed in an occupation relating to ((alcoholism
or drug addiction)) chemical dependency. The remaining members
shall be broadly representative of the community, shall include representation
from business and industry, organized labor, the judiciary, and minority
groups, chosen for their demonstrated concern with ((alcoholism and other
drug addiction)) chemical dependency problems. Members shall be
appointed by the secretary.
In addition to advising the department in carrying out the purposes of this chapter, the council shall develop and propose to the secretary for his or her consideration the rules for the implementation of the chemical dependency program of the department. Rules and policies governing treatment programs shall be developed in collaboration among the council, department staff, local government, and administrators of voluntary and involuntary treatment programs. The secretary shall thereafter adopt such rules that, in his or her judgment properly implement the chemical dependency program of the department consistent with the welfare of those to be served, the legislative intent, and the public good.
Sec. 10. RCW 70.96A.085 and 1989 c 270 s 12 are each amended to read as follows:
A
city, town, or county that does not have its own facility or program for the
treatment and rehabilitation of ((alcoholics and other drug addicts)) chemically
dependent persons may share in the use of a facility or program maintained
by another city or county so long as it contributes no less than two percent of
its share of liquor taxes and profits to the support of the facility or
program.
Sec. 11. RCW 70.96A.087 and 1989 c 270 s 13 are each amended to read as follows:
To
be eligible to receive its share of liquor taxes and profits, each city and
county shall devote no less than two percent of its share of liquor taxes and
profits to the support of a chemical dependency program ((of
alcoholism and other drug addiction)) approved by the ((alcoholism and
other drug addiction)) chemical dependency board authorized by RCW
70.96A.300 and the secretary.
Sec. 12. RCW 70.96A.090 and 1995 c 312 s 46 are each amended to read as follows:
(1)
The ((department)) secretary shall adopt rules establishing
standards for approved treatment programs, the process for the review and
inspection of programs applying to the department for
certification as an approved treatment program, and fixing the fees to be charged
by the department for the required inspections. The standards may concern the
health standards to be met and standards of services and treatment to be
afforded patients.
(2) The department may suspend, revoke, limit, restrict, or modify an approval, or refuse to grant approval, for failure to meet the provisions of this chapter, or the standards adopted under this chapter. RCW 43.20A.205 governs notice of a license denial, revocation, suspension, or modification and provides the right to an adjudicative proceeding.
(3) No treatment program may advertise or represent itself as an approved treatment program if approval has not been granted, has been denied, suspended, revoked, or canceled.
(4) Certification as an approved treatment program is effective for one calendar year from the date of issuance of the certificate. The certification shall specify the types of services provided by the approved treatment program that meet the standards adopted under this chapter. Renewal of certification shall be made in accordance with this section for initial approval and in accordance with the standards set forth in rules adopted by the secretary.
(5)
Approved treatment programs shall not provide ((alcoholism or other drug
addiction)) chemical dependency treatment services for which the
approved treatment program has not been certified. Approved treatment programs
may provide services for which approval has been sought and is pending, if
approval for the services has not been previously revoked or denied.
(6) The department periodically shall inspect and evaluate approved public and private treatment programs at reasonable times and in a reasonable manner.
(7) The department shall maintain and periodically publish a current list of approved treatment programs.
(8)
Each approved treatment program shall file with the department on request,
data, statistics, schedules, and information the department reasonably
requires. An approved treatment program that, without good cause,
fails to furnish any data, statistics, schedules, or information as requested,
or files fraudulent returns thereof, may be removed from the list of approved
treatment programs((,)) and its certification revoked or suspended.
(9) In addition to the requirements of subsection (6) of this section, the department shall use the data provided in subsection (8) of this section to evaluate each program that admits children to inpatient treatment upon application of their parents. The evaluation shall be done at least once every twelve months. In addition, the department shall randomly select and review the information on individual children who are admitted on application of the child's parent for the purpose of determining whether the child was appropriately placed into treatment based on an objective evaluation of the child's condition and the outcome of the child's treatment.
(10) Upon petition of the department and after a hearing held upon reasonable notice to the facility, the superior court may issue a warrant to an officer or employee of the department authorizing him or her to enter and inspect at reasonable times, and examine the books and accounts of, any approved public or private treatment program refusing to consent to inspection or examination by the department or which the department has reasonable cause to believe is operating in violation of this chapter.
Sec. 13. RCW 70.96A.100 and 1989 c 270 s 23 are each amended to read as follows:
The
secretary shall adopt and may amend and repeal rules for acceptance of persons
into the approved treatment program, considering available treatment resources
and facilities, for the purpose of early and effective treatment of ((alcoholics
and other drug addicts)) chemically dependent persons, persons
incapacitated by alcohol or other psychoactive chemicals, and intoxicated
persons. In ((establishing)) adopting the rules, the secretary
shall be guided by the following standards:
(1)
If possible a ((patient)) person shall be treated on a voluntary
rather than an involuntary basis.
(2)
A ((patient)) person shall be initially assigned or transferred
to outpatient treatment, unless he or she is found to require residential
treatment.
(3) A person shall not be denied treatment solely because he or she has withdrawn from treatment against medical advice on a prior occasion or because he or she has relapsed after earlier treatment.
(4)
An individualized treatment plan shall be prepared and maintained on a current
basis for each ((patient)) person.
(5) Provision shall be made for a continuum of coordinated treatment services, so that a person who leaves a facility or a form of treatment will have available and use other appropriate treatment.
Sec. 14. RCW 70.96A.110 and 1990 c 151 s 7 are each amended to read as follows:
(1)
((An alcoholic or other drug addict)) A chemically dependent person
may apply for voluntary treatment directly to an approved treatment program.
If the ((proposed patient)) person is a minor or an incompetent
person, he or she, a parent, a legal guardian, or other legal representative
may make the application.
(2) Subject to rules adopted by the secretary, the administrator in charge of an approved treatment program may determine who shall be admitted for treatment. If a person is refused admission to an approved treatment program, the administrator, subject to rules adopted by the secretary, shall refer the person to another approved treatment program for treatment if possible and appropriate.
(3)
If a ((patient)) person receiving inpatient ((care)) treatment
leaves an approved treatment program, he or she shall be encouraged to consent
to appropriate outpatient treatment.
If
it appears to the administrator in charge of the treatment program that the ((patient
is an alcoholic or other drug addict)) person is a chemically dependent
person who requires ((help)) additional services, the
department may arrange for assistance in obtaining supportive services and
residential programs.
(4)
((If a patient)) The secretary shall adopt rules and develop working
agreements which will ensure that chemically dependent persons assisted under
subsection (3) of this section will be assisted in making application for
medicaid, housing, and other resources necessary for continuation of services.
(5)
When a person leaves an approved public treatment program, ((with or
against the advice of the administrator in charge of the program,)) the
department may make reasonable provisions for his or her transportation to another
program or to his or her home or services provided under subsection (4) of
this section. ((If the patient has no home he or she should be assisted
in obtaining shelter.)) If the ((patient)) person is less
than fourteen years of age or an incompetent person the request for discharge
from an inpatient program shall be made by a parent, legal guardian, or other
legal representative or by the minor or incompetent if he or she was the
original applicant.
Sec. 15. RCW 70.96A.120 and 1991 c 290 s 6 are each amended to read as follows:
(1)
An intoxicated person may come voluntarily to an approved treatment program for
treatment. A person who appears to be intoxicated in a public place and to be
in need of help, if ((he or she)) the person consents to the
proffered help, may be assisted to his or her home, an approved treatment
program, or other health facility.
(2)
((Except for a person who may be apprehended for possible violation of laws
not relating to alcoholism, drug addiction, or intoxication and except for a
person who may be apprehended for possible violation of laws relating to
driving or being in physical control of a vehicle while under the influence of
intoxicating liquor or any drug and except for a person who may wish to avail
himself or herself of the provisions of RCW 46.20.308, a person who appears to
be incapacitated or gravely disabled by alcohol or other drugs and who is in a
public place or who has threatened, attempted, or inflicted physical harm on
himself, herself, or another, shall be taken into protective custody by a peace
officer or staff designated by the county and as soon as practicable, but in no
event beyond eight hours brought to an approved treatment program for
treatment. If no approved treatment program is readily available he or she
shall be taken to an emergency medical service customarily used for
incapacitated persons. The peace officer or staff designated by the county, in
detaining the person and in taking him or her to an approved treatment program,
is taking him or her into protective custody and shall make every reasonable
effort to protect his or her health and safety. In taking the person into
protective custody, the detaining peace officer or staff designated by the
county may take reasonable steps including reasonable force if necessary to
protect himself or herself or effect the custody. A taking into protective
custody under this section is not an arrest. No entry or other record shall be
made to indicate that the person has been arrested or charged with a crime.))
(a) A peace officer or staff designated by the county shall take into protective custody a person who appears to be incapacitated or gravely disabled by alcohol or other psychoactive chemicals and who:
(i) Is in a public place; or
(ii) Has threatened, attempted, or inflicted physical harm on himself, herself, or another; or
(iii) Is not in a public place, if directed by the designated chemical dependency specialist pursuant to (b) of this subsection.
(b) A designated chemical dependency specialist may take into protective custody, or may cause a peace officer or staff designated by the county to take into protective custody, a person who is at imminent risk of harm and appears to be incapacitated or gravely disabled by alcohol or other psychoactive chemicals and who is not in a public place.
(c) This subsection does not apply to a person who:
(i) May be apprehended for possible violation of laws not relating to chemical dependency or intoxication;
(ii) May be apprehended for possible violation of laws relating to driving or being in physical control of a vehicle while under the influence of intoxicating liquor or any psychoactive chemical; or
(iii) May wish to avail himself or herself of the provisions of RCW 46.20.308.
(d) A person taken into protective custody must be taken to an approved treatment program as soon as practicable, but in any event within eight hours. If no approved treatment program is available the person shall be taken to an emergency medical service customarily used for incapacitated persons.
(e) In taking a person into protective custody, the detaining police officer or staff designated by the county shall make every reasonable effort to protect the person's health and safety and may take reasonable steps, including reasonable force, if necessary, to protect himself or herself or to effect the custody.
(f) Taking a person into protective custody under this subsection is not an arrest. No entry or other record shall be made to indicate that the person has been arrested or charged with a crime.
(3)
A person who comes voluntarily or is brought to an approved treatment program
shall be examined by a qualified person. ((He or she)) The person
may then be admitted as a patient or referred to another health facility, which
provides emergency medical treatment, where it appears that such treatment may
be necessary. The referring approved treatment program shall arrange for ((his
or her)) the person's transportation.
(4)
A person who is found to be incapacitated or gravely disabled by alcohol or
other ((drugs)) psychoactive chemicals at the time of ((his or
her)) the person's admission or to have become incapacitated or
gravely disabled at any time after his or her admission, may not be detained at
the program for more than seventy-two hours after admission as a patient,
unless a petition is filed under RCW 70.96A.140((, as now or hereafter
amended)): PROVIDED, That the treatment personnel at an approved treatment
program are authorized to use such reasonable physical restraint as may be
necessary to retain an incapacitated or gravely disabled person for up to
seventy-two hours from the time of admission. The seventy-two hour periods
specified in this section shall be computed by excluding Saturdays, Sundays,
and holidays. A person may consent to remain in the program as long as the
physician in charge believes appropriate.
(5)
A person who: (a) Is not admitted to an approved treatment program, (b)
is not referred to another health facility, and (c) has no funds, may be
taken to his or her home((, if any)). If ((he or she)) the
person has no home, the approved treatment program shall provide him or her
with information and assistance to access available community shelter
resources.
(6)
If a ((patient)) person is admitted to an approved treatment
program, ((his or her)) the person's family or next of kin shall
be notified as promptly as possible by the treatment program. If an adult
patient who is not incapacitated or gravely disabled requests that there
be no notification, his or her request shall be respected.
(7) The peace officer, staff designated by the county, or treatment facility personnel, who act in compliance with this chapter and are performing in the course of their official duty are not criminally or civilly liable therefor.
(8) If the person in charge of the approved treatment program determines that appropriate treatment is available, the patient shall be encouraged to agree to further diagnosis and appropriate voluntary treatment.
NEW SECTION. Sec. 16. A new section is added to chapter 70.96A RCW to read as follows:
(1) When a designated chemical dependency specialist receives information alleging that a person is incapacitated or gravely disabled by alcohol or other psychoactive chemicals, if the specialist, after investigating and evaluating the specific facts alleged and the reliability and credibility of any person providing the information to initiate a commitment, is satisfied that the allegations are true and that the person will not voluntarily seek appropriate evaluation and treatment, the specialist may file a petition for involuntary commitment. Before filing the petition, the specialist must personally interview the person, unless the person refuses an interview, and determine whether the person will voluntarily receive appropriate evaluation and treatment at an approved treatment program.
(2) If a petition for commitment is not filed in the case of a minor, the parent, guardian, or custodian who has custody of the minor may seek review of that decision made by the specialist in superior or district court. The parent, guardian, or custodian shall file notice with the court and provide a copy of the specialist's report.
NEW SECTION. Sec. 17. A new section is added to chapter 70.96A RCW to read as follows:
If the designated chemical dependency specialist finds that the initial needs of a person identified under section 16 of this act would be better served by placement within the mental health system, the person shall be referred to an evaluation and treatment facility as defined in RCW 71.05.020 or 71.34.020.
NEW SECTION. Sec. 18. A new section is added to chapter 70.96A RCW to read as follows:
(1) A petition filed under section 16 of this act shall allege that the person is chemically dependent and:
(a) Is incapacitated or gravely disabled by alcohol or other psychoactive chemicals; or
(b) Has twice before in the preceding twelve months been admitted for detoxification or chemical dependency treatment pursuant to RCW 70.96A.110 or 70.96A.120, and is in need of a more sustained treatment program; or
(c) Presents a likelihood of serious harm.
(2) The petition shall be accompanied by a certificate of a licensed physician who has examined the person within five days before submission of the petition, unless the person whose commitment is sought has refused to submit to a medical examination, in which case the fact of refusal shall be alleged in the petition. The certificate shall set forth the licensed physician's findings in support of the allegations of the petition. A physician employed by the petitioning program or the department is eligible to be the certifying physician.
(3) A refusal to undergo treatment, by itself, does not constitute evidence of lack of judgment as to the need for treatment.
NEW SECTION. Sec. 19. A new section is added to chapter 70.96A RCW to read as follows:
Upon filing the petition, the court shall fix a date for a hearing no less than two and no more than seven days after the date the petition was filed unless the person petitioned against is presently being detained in a program, pursuant to RCW 70.96A.120, 71.05.210, or 71.34.050, in which case the hearing shall be held within seventy-two hours of the filing of the petition, excluding Saturdays, Sundays, and holidays. The court may, upon motion of the person whose commitment is sought, or upon motion of the petitioner with written permission of the person whose commitment is sought, or his or her counsel, and upon good cause shown, extend the date for the hearing. A copy of the petition, the certificate, and the notice of the hearing, including the date fixed by the court, shall be served by the designated chemical dependency specialist on the person whose commitment is sought, his or her next of kin, a parent or his or her legal guardian if he or she is a minor, and any other person the court finds advisable.
NEW SECTION. Sec. 20. A new section is added to chapter 70.96A RCW to read as follows:
(1)(a) At the hearing the court shall hear all relevant testimony, including, if possible, the testimony of at least one licensed physician who has examined the person whose commitment is sought. The testimony of the licensed physician may be telephonic. Communications otherwise deemed privileged under the laws of this state are deemed to be waived in proceedings under this chapter when a court of competent jurisdiction determines that the waiver is necessary to protect either the detained person or the public. The waiver of a privilege under this section is limited to records or testimony relevant to evaluation of the detained person for purposes of a proceeding under this chapter. Upon motion by the detained person, or on its own motion, the court shall examine a record or testimony sought by a petitioner to determine whether it is within the scope of the waiver.
(b) The record maker shall not be required to testify in order to introduce medical, nursing, or psychological records of detained persons so long as the requirements of RCW 5.45.020 are met. Portions of the record that contain opinions as to whether the detained person is chemically dependent shall be deleted from the records unless the person offering the opinions is available for cross-examination. The detained person shall be present unless the court believes that the detained person's presence is likely to be injurious to himself or herself. In this event the court may deem it appropriate to appoint a guardian ad litem to represent the person throughout the proceeding. If deemed advisable, the court may examine the person out of the courtroom. If the person has refused to be examined by a licensed physician, the person shall be given an opportunity to be examined by a court-appointed licensed physician. If the person refuses and there is sufficient evidence to believe that the allegations of the petition are true, or if the court believes that more medical evidence is necessary, the court may make a temporary order committing the person to an approved treatment program for a period of not more than five days for purposes of a diagnostic examination.
(2) If after hearing all relevant evidence, including the results of any diagnostic examination, the court finds that grounds for involuntary commitment have been established by clear, cogent, and convincing evidence, it shall enter an order of commitment to an approved treatment program.
NEW SECTION. Sec. 21. A new section is added to chapter 70.96A RCW to read as follows:
In making a determination of whether there is a likelihood of serious harm in a hearing conducted under section 19 of this act, the court shall give great weight to any evidence before the court regarding whether the person has: (1) A recent history of one or more violent acts; or (2) a recent history of one or more commitments under this chapter or its equivalent provisions under the laws of another state which were based on a likelihood of serious harm. The existence of prior violent acts or commitments under this chapter or its equivalent shall not be the sole basis for determining whether a person presents a likelihood of serious harm.
For the purposes of this section "recent" refers to the period of time not exceeding three years prior to the current hearing.
NEW SECTION. Sec. 22. A new section is added to chapter 70.96A RCW to read as follows:
(1)(a) A person committed under section 20 of this act shall remain in the program for treatment for a period of sixty days unless sooner discharged. At the end of the sixty-day period, the person shall be discharged automatically unless the program, before expiration of the period, files a petition for his or her recommitment upon the grounds set forth in section 16 of this act for a further period of ninety days unless sooner discharged.
(b) If a petition for recommitment is not filed in the case of a minor, the parent, guardian, or custodian who has custody of the minor may seek review of that decision made by the designated chemical dependency specialist in superior or district court. The parent, guardian, or custodian shall file notice with the court and provide a copy of the treatment progress report.
(c) If a person has been committed pursuant to section 18(1)(c) of this act, the program shall apply for recommitment if, after examination, it is determined that the likelihood still exists.
(2) Upon the filing of a petition for recommitment under subsection (1) of this section, the court shall fix a date for hearing no less than two and no more than seven days after the date the petition was filed. The court may, upon motion of the person whose commitment is sought and upon good cause shown, extend the date for the hearing. A copy of the petition and of the notice of hearing, including the date fixed by the court, shall be served by the treatment program on the person whose commitment is sought, the person's next of kin, the original petitioner under section 16 of this act if different from the petitioner for recommitment, one of the person's parents or the person's legal guardian if the person is a minor, the person's attorney, and any other person the court finds advisable. At the hearing the court shall proceed as provided in section 20 of this act.
NEW SECTION. Sec. 23. A new section is added to chapter 70.96A RCW to read as follows:
(1) The approved treatment program shall provide for adequate and appropriate treatment of a person committed or recommitted to its custody.
(2) A person committed under this section may be transferred from one approved public treatment program to another if transfer is medically advisable.
(3) A person committed to the custody of a program for treatment may be discharged at any time before the end of the period for which the person has been committed by the responsible professional in charge or by order of the committing court if:
(a) The person was committed pursuant to section 18(1) (a) or (b) of this act and the incapacity, grave disability, or need for treatment no longer exists;
(b) The person was committed pursuant to section 18(1)(c) of this act and no longer presents a likelihood of serious harm; or
(c) The person was committed pursuant to section 18(1)(c) of this act and (i) is unlikely to experience significant improvement in his or her condition or is unable to obtain adequate or appropriate treatment at the facility; and (ii) was referred to the county-designated mental health professional for evaluation and treatment under chapter 71.05 RCW and the county-designated mental health professional has declined to file a petition for involuntary mental health treatment.
(4) When a person in an involuntary treatment program is discharged before the end of the period of commitment, the professional person in charge shall provide written notice of the release containing the reason for the discharge and the person's postrelease address or location, if known or reasonably able to be discovered. The notice shall be provided to the county-designated chemical dependency specialist, to the court of original commitment or in which the petition for commitment was filed, and to the prosecuting attorney who prosecuted the petition, if any.
(5) When a person is released pursuant to subsection (3) of this section, the designated chemical dependency specialist or the prosecuting attorney shall file a new petition for involuntary treatment if the person:
(a) Was committed pursuant to section 18(1)(c) of this act; and
(b) As a result of chemical dependency continues to present a likelihood of serious harm; or
(c) Is gravely disabled.
NEW SECTION. Sec. 24. A new section is added to chapter 70.96A RCW to read as follows:
(1) The court shall inform the person whose commitment or recommitment is sought of the person's right to contest the application, be represented by counsel at every stage of any proceedings relating to his or her commitment and recommitment, and have counsel appointed by the court or provided by the court, if the person wants the assistance of counsel and is unable to obtain counsel. If the court believes that the person needs the assistance of counsel, the court shall require, by appointment if necessary, counsel for the person. The person shall, if financially able, bear the costs of such legal service; otherwise such legal service shall be at public expense. The person whose commitment or recommitment is sought shall be informed of the right to be examined by a licensed physician of the person's choice. If the person is unable to obtain a licensed physician and requests examination by a physician, the court shall employ a licensed physician.
(2) A person committed under this chapter may at any time seek to be discharged from commitment by writ of habeas corpus in a court of competent jurisdiction.
(3) The venue for proceedings under this section is the county in which the person for whom commitment is sought resides or is present.
NEW SECTION. Sec. 25. A new section is added to chapter 70.96A RCW to read as follows:
(1) When, in the opinion of the professional person, the committed person can be appropriately served by less restrictive treatment before expiration of the period of commitment, the less restrictive treatment may be required as a condition for early release. The period of early release, when added to the initial treatment period, may not exceed the period of commitment ordered by the court. If the program designated to provide the less restrictive treatment is not the program providing the initial involuntary treatment, the designated program must agree in writing to accept the person for treatment. A copy of the conditions for early release shall be given to the person, the designated treatment program, the designated chemical dependency specialist of original commitment, and the court of original commitment. The program designated to provide less restrictive treatment may modify the conditions for continued release when the modifications are in the best interests of the person.
(2) If the program providing less restrictive treatment and the designated chemical dependency specialist determine that a conditionally released patient is failing to adhere to the terms and conditions of release, or that substantial deterioration in the person's functioning due to the use of alcohol or psychoactive substances has occurred, the designated chemical dependency specialist shall notify the court of original commitment and request a hearing to be held no less than two and no more than seven days after the date of the request to determine whether or not the person should be returned to more restrictive treatment. The designated chemical dependency specialist shall file a petition with the court stating the facts substantiating the need for the hearing along with the treatment recommendations. The conditionally released person shall have the same rights with respect to notice, hearing, and counsel as for the original involuntary treatment proceedings.
(3) The issues to be determined at the hearing are whether:
(a) The conditionally released person did or did not adhere to the terms and conditions of the person's release to less restrictive treatment;
(b) Substantial deterioration of the patient's functioning has occurred; and
(c) The conditions of release should be modified or the person should be returned to a more restrictive program.
(4) The hearing may be waived by the person and his or her counsel, guardian, or conservator, if any, but may not be waived unless all such persons agree to the waiver. Upon waiver, the person may be returned for involuntary treatment or continued on conditional release on the same or modified conditions.
Sec. 26. RCW 70.96A.145 and 1993 c 137 s 1 are each amended to read as follows:
((The
prosecuting attorney of the county in which such action is taken may, at the
discretion of the prosecuting attorney, represent the designated chemical
dependency specialist or treatment program in judicial proceedings under RCW
70.96A.140 for the involuntary commitment or recommitment of an individual,
including any judicial proceeding where the individual sought to be committed
or recommitted challenges the action.))
In any judicial proceeding for involuntary commitment or recommitment, or in any proceeding challenging a commitment or recommitment, the prosecuting attorney for the county in which the proceeding was initiated shall represent the individuals or agencies petitioning for commitment and shall defend all challenges to the commitment.
Sec. 27. RCW 70.96A.150 and 1990 c 151 s 1 are each amended to read as follows:
(1)
The registration and other records of treatment programs shall remain
confidential. Records may be disclosed (a) in accordance with the prior
written consent of the ((patient)) person with respect to whom
such record is maintained, (b) if authorized by an appropriate order of a court
of competent jurisdiction granted after application showing good cause, (c) to
comply with state laws mandating the reporting of suspected child abuse or
neglect, or (d) when a patient commits a crime on program premises or against
program personnel, or threatens to do so.
(2)
Notwithstanding subsection (1) of this section, the secretary may receive
information from patients' records for purposes of research into the causes and
treatment of alcoholism and other drug addiction, verification of eligibility
and appropriateness of reimbursement, and the evaluation of ((alcoholism and
other drug treatment)) chemical dependency programs. Information
under this subsection shall not be published in a way that discloses patients'
names or otherwise discloses their identities.
(3) Nothing contained in this chapter relieves a person or firm from the requirements under federal regulations for the confidentiality of alcohol and drug abuse patient records. Obligations imposed on drug and alcohol treatment programs and protections afforded alcohol and drug abuse patients under federal regulations apply to all programs approved by the department under RCW 70.96A.090.
Sec. 28. RCW 70.96A.160 and 1989 c 270 s 29 are each amended to read as follows:
(((1)
Subject to reasonable rules regarding hours of visitation which the secretary
may adopt, patients in any approved treatment program shall be granted
opportunities for adequate consultation with counsel, and for continuing
contact with family and friends consistent with an effective treatment program.
(2)
Neither mail nor other communication to or from a patient in any approved
treatment program may be intercepted, read, or censored. The secretary may
adopt reasonable rules regarding the use of telephone by patients in approved treatment
programs.))
The secretary shall adopt rules regarding visitation with and communication to and by patients in an approved treatment program. The rules shall permit access to counsel, contact with family and friends, and unrestricted communication to family and other persons. The rules shall be consistent with an effective treatment program and may include limitations on the use of facilities.
Sec. 29. RCW 70.96A.180 and 1990 c 151 s 6 are each amended to read as follows:
(1)
If treatment is provided by an approved treatment program and the ((patient))
person has not paid or is unable to pay the charge therefor, the program
is entitled to any payment (a) received by the ((patient)) person
or to which ((he)) the person may be entitled because of the
services rendered, and (b) from any public or private source available to the
program because of the treatment provided to the ((patient)) person.
(2)
A ((patient)) person in a program, or the estate of the ((patient))
person, or a person obligated to provide for the cost of treatment and
having sufficient financial ability, is liable to the program for cost of
maintenance and treatment of the ((patient)) person therein in
accordance with rates established.
(3)
The secretary shall adopt rules governing financial ability that take into
consideration the income, savings, and other personal and real property of the
person required to pay, and any support being furnished by ((him)) the
person to any other person he or she is required by law to
support.
Sec. 30. RCW 70.96A.265 and 1998 c 296 s 32 are each amended to read as follows:
For
purposes of eligibility for medical assistance under chapter 74.09 RCW, minors
in inpatient chemical dependency treatment shall be considered to be part of
their parent's or legal guardian's household, unless the minor has been
assessed by the department or its designee as likely to require such treatment
for at least ninety consecutive days, or is in out-of-home care in accordance
with chapter 13.34 RCW, or the parents are found to not be exercising
responsibility for care and control of the minor. Payment for such ((care))
treatment by the department shall be made only in accordance with rules,
guidelines, and clinical criteria applicable to inpatient treatment of minors
established by the department.
Sec. 31. RCW 70.96A.300 and 1989 c 270 s 15 are each amended to read as follows:
(1)
A county or combination of counties acting jointly by agreement, referred to as
"county" in this chapter, may create ((an alcoholism and other
drug addiction)) a chemical dependency board. This board may also
be designated as a board for other related purposes.
(2)
The board shall be composed of not less than seven nor more than fifteen
members, who shall be chosen for their demonstrated concern for ((alcoholism
and other drug addiction)) chemical dependency problems. Members of
the board shall be representative of the community, shall include at least
one-quarter recovered alcoholics or other recovered drug addicts, and shall
include minority group representation. No member may be a provider of ((alcoholism
and other drug addiction)) chemical dependency treatment services.
No more than four elected or appointed city or county officials may serve on
the board at the same time. Members of the board shall serve three-year terms
and hold office until their successors are appointed and qualified. They shall
not be compensated for the performance of their duties as members of the board,
but may be reimbursed for travel expenses.
(3)
The ((alcoholism and other drug addiction)) chemical dependency
board shall:
(a) Conduct public hearings and other investigations to determine the needs and priorities of county citizens;
(b)
Prepare and recommend to the county legislative authority for approval, all
plans, budgets, and applications by the county to the department and other
state agencies on behalf of the county ((alcoholism and other drug addiction))
chemical dependency program;
(c)
Monitor the implementation of the ((alcoholism and other drug addiction))
chemical dependency plan and evaluate the performance of the ((alcoholism
and drug addiction)) chemical dependency program at least annually;
(d)
Advise the county legislative authority and county ((alcoholism and other
drug addiction)) chemical dependency program coordinator on matters
relating to the ((alcoholism and other drug addiction)) chemical
dependency program, including prevention and education;
(e)
Nominate individuals to the county legislative authority for the position of
county ((alcoholism and other drug addiction)) chemical dependency
program coordinator. The nominees should have training and experience in the
administration of ((alcoholism and other drug addiction)) chemical
dependency services and shall meet the minimum qualifications established
by rule of the ((department)) secretary;
(f)
Carry out other duties that the ((department)) secretary may
prescribe by rule.
Sec. 32. RCW 70.96A.310 and 1989 c 270 s 16 are each amended to read as follows:
(1)
The chief executive officer of the county ((alcoholism and other drug
addiction)) chemical dependency program shall be the county ((alcoholism
and other drug addiction)) chemical dependency program coordinator.
The coordinator shall:
(a)
In consultation with the county ((alcoholism and other drug addiction)) chemical
dependency board, provide general supervision over the county ((alcoholism
and other drug addiction)) chemical dependency program;
(b)
Prepare plans and applications for funds to support the ((alcoholism and
other drug addiction)) chemical dependency program in consultation
with the county ((alcoholism and other drug addiction)) chemical
dependency board;
(c)
Monitor the delivery of services to assure conformance with plans and contracts
and, at the discretion of the board, but at least annually, report to the ((alcoholism
and other drug addiction)) chemical dependency board the results of
the monitoring;
(d)
Provide staff support to the county ((alcoholism and other drug addiction))
chemical dependency board.
(2)
The county ((alcoholism and other drug addiction)) chemical
dependency program coordinator shall be appointed by the county legislative
authority from nominations by the ((alcoholism and other drug addiction
program)) chemical dependency board. The coordinator may serve on
either a full-time or part-time basis. Only with the prior approval of the
secretary may the coordinator be an employee of a government or private agency
under contract with the department to provide ((alcoholism or other drug
addiction)) chemical dependency services.
Sec. 33. RCW 70.96A.320 and 1990 c 151 s 9 are each amended to read as follows:
(1)
A county legislative authority, or two or more counties acting jointly, may
establish ((an alcoholism and other drug addiction)) a chemical
dependency program. If two or more counties jointly establish the program,
they shall designate one county to provide administrative and financial
services.
(2)
To be eligible for funds from the department for the support of the county ((alcoholism
and other drug addiction)) chemical dependency program, the county
legislative authority shall establish a ((county alcoholism and other drug
addiction)) chemical dependency board under RCW 70.96A.300 and
appoint a county ((alcoholism and other drug addiction)) chemical
dependency program coordinator under RCW 70.96A.310.
(3)
The county legislative authority may apply to the department for financial
support for the county chemical dependency program ((of alcoholism
and other drug addiction)). To receive financial support, the county
legislative authority shall submit a plan that ((meets the following
conditions)):
(a)
((It shall)) Describes the services and activities to be
provided;
(b)
((It shall)) Includes anticipated expenditures and revenues;
(c)
((It shall be)) Is prepared by the county ((alcoholism and
other drug addiction program)) chemical dependency board and be
adopted by the county legislative authority;
(d)
((It shall)) Reflects maximum effective use of existing
services and programs; and
(e)
((It shall)) Meets other conditions that the secretary may
require.
(4)
The county may accept and spend gifts, grants, and fees, from public and
private sources, to implement its chemical dependency program ((of
alcoholism and other drug addiction)).
(5)
The county may subcontract for detoxification, residential treatment, or
outpatient treatment with approved treatment programs ((that are
approved treatment programs)). The county may subcontract for other services
with individuals or organizations approved by the department.
(6)
To continue to be eligible for financial support from the department for the
county ((alcoholism and other drug addiction)) chemical dependency
program, an increase in state financial support shall not be used to supplant
local funds from a source that was used to support the county ((alcoholism
and other drug addiction)) chemical dependency program before the
effective date of the increase.
NEW SECTION. Sec. 34. A new section is added to chapter 70.96A RCW to read as follows:
The department shall develop state-wide protocols to be utilized by professional persons and county-designated chemical dependency specialists in administration of this chapter and chapter 74.50 RCW. The protocols shall be updated at least every three years. The protocols shall provide uniform development and application of criteria in evaluation and commitment recommendations, of persons who have, or are alleged to have, chemical dependency disorders and are subject to this chapter.
The initial protocols shall be developed not later than September 1, 2000. The department shall develop and update the protocols in consultation with representatives of county-designated chemical dependency specialists, local government, law enforcement, county and city prosecutors, public defenders, and groups concerned with chemical dependency. The protocols shall be submitted to the governor and legislature upon adoption by the department.
Sec. 35. RCW 70.96A.430 and 1989 c 271 s 308 are each reenacted to read as follows:
The department shall not refuse admission for diagnosis, evaluation, guidance or treatment to any applicant because it is determined that the applicant is financially unable to contribute fully or in part to the cost of any services or facilities available under the program on alcoholism.
The department may limit admissions of such applicants or modify its programs in order to ensure that expenditures for services or programs do not exceed amounts appropriated by the legislature and are allocated by the department for such services or programs. The department may establish admission priorities in the event that the number of eligible applicants exceeds the limits set by the department.
NEW SECTION. Sec. 36. RCW 70.96A.430 is recodified to immediately follow RCW 70.96A.180.
NEW SECTION. Sec. 37. The following acts or parts of acts are each repealed:
(1) RCW 70.96A.060 (Interdepartmental coordinating committee) and 1989 c 270 s 8, 1979 c 158 s 220, & 1972 ex.s. c 122 s 6;
(2) RCW 70.96A.080 (Comprehensive program for treatment--Regional facilities) and 1989 c 270 s 18 & 1972 ex.s. c 122 s 8;
(3) RCW 70.96A.140 (Involuntary commitment of persons incapacitated by chemical dependency) and 1995 c 312 s 49, 1993 c 362 s 1, 1991 c 364 s 10, 1990 c 151 s 3, 1989 c 271 s 307, 1987 c 439 s 14, 1977 ex.s. c 129 s 1, 1974 ex.s. c 175 s 2, & 1972 ex.s. c 122 s 14; and
(4) RCW 70.96.150 (Inability to contribute to cost no bar to admission--Department may limit admissions) and 1989 c 271 s 308 & 1959 c 85 s 15.
NEW SECTION. Sec. 38. This act takes effect January 1, 2001.
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