H-4237.1 _______________________________________________
HOUSE BILL 2913
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State of Washington 52nd Legislature 1992 Regular Session
By Representatives Anderson, Brekke, Leonard, Paris, Dellwo, Brough, Wineberry and Winsley
Read first time 01/31/92. Referred to Committee on Human Services/Appropriations.Providing alcohol and drug education and counseling to pregnant women.
AN ACT Relating to providing drug and alcohol education and counseling to pregnant women; amending RCW 70.96A.020; adding a new section to chapter 70.96A RCW; creating a new section; and making an appropriation.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1. The legislature recognizes that the use of alcohol and other drugs during pregnancy can cause medical, psychological, and social problems for women and infants. The legislature further recognizes that communities are increasingly concerned about this problem and the associated costs to the mothers, infants, and society as a whole. The legislature recognizes that the department of health and other agencies are focusing on primary prevention activities to reduce the use of alcohol or drugs during pregnancy but few efforts have focused on secondary prevention efforts aimed at intervening in the lives of women already involved in the use of alcohol or other drugs during pregnancy. The legislature recognizes that the best way to prevent problems for chemically dependent pregnant women and their resulting children is to engage the women in alcohol or drug treatment. The legislature acknowledges that treatment professionals find pretreatment services to clients to be important in engaging women in alcohol or drug treatment. Therefore the legislature intends to prevent the detrimental effects of alcohol or other drug use to women and their resulting infants by promoting the establishment of local programs to help facilitate a pregnant woman's entry into alcohol or other drug treatment. These programs shall provide secondary prevention services and provision of opportunities for immediate treatment so that women who seek help are welcomed rather than ostracized.
Sec. 2. RCW #1070.96A.020 and 1991 c 364 s 8 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) "Assessment" means an interview with an individual to determine if he or she is chemically dependent and in need of referral to an approved treatment program.
(5) "Chemical dependency" means alcoholism or drug addiction, or dependence on alcohol and one or more other psychoactive chemicals, as the context requires.
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(6) "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.
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(7) "Chemically dependent individual" means someone suffering from
alcoholism or drug addiction, or dependence on alcohol or one or more other
psychoactive chemicals.
(8) "Department" means the department of social and health services.
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(9) "Designated chemical dependency specialist" means a person
designated by the county alcoholism and other drug addiction program
coordinator designated under RCW 70.96A.310 to perform the commitment duties
described in RCW 70.96A.140 and qualified to do so by meeting standards adopted
by the department.
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(10) "Director" means the person administering the chemical
dependency program within the department.
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(11) "Drug addict" means a person who suffers from the disease
of drug addiction.
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(12) "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.
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(13) "Emergency service patrol" means a patrol established
under RCW 70.96A.170.
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(14) "Gravely disabled by alcohol or other drugs" means that a
person, as a result of the use of alcohol or other drugs: (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 as essential for his or her health or safety.
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(15) "Incapacitated by alcohol or other psychoactive
chemicals" 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 constitutes a danger to himself or herself, to any
other person, or to property.
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(16) "Incompetent person" means a person who has been adjudged
incompetent by the superior court.
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(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.
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(18) "Licensed physician" means a person licensed to practice
medicine or osteopathy in the state of Washington.
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(19) "Minor" means a person less than eighteen years of age.
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(20) "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.
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(21) "Person" means an individual, including a minor.
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(22) "Pretreatment" means the period of time prior to an
individual's enrollment in alcohol or drug treatment.
(23) "Pretreatment services" means activities taking place prior to treatment that include identification of individuals using alcohol or drugs, education, assessment of their use, evaluation of need for treatment, referral to an approved treatment program, and advocacy on a client's behalf with social service agencies or others to ensure and coordinate a client's entry into treatment.
(24) "Primary prevention" means providing information about the effects of alcohol or drug use to individuals so they will avoid using these substances.
(25) "Secondary prevention" means identifying and obtaining an assessment on individuals using alcohol or other drugs for referral to treatment when indicated.
(26) "Secretary" means the secretary of the department of social and health services.
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(27) "Tertiary prevention" means providing treatment to limit the
negative impact of alcohol or drug use on an individual's life.
(28) "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 and their families, persons incapacitated by alcohol or other psychoactive chemicals, and intoxicated persons.
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(29) "Treatment program" means an organization, institution,
or corporation, public or private, engaged in the care, treatment, or
rehabilitation of alcoholics or other drug addicts.
NEW SECTION. Sec. 3. A new section is added to chapter 70.96A RCW to read as follows:
The secretary shall develop and promote state-wide secondary prevention strategies designed to increase the use of alcohol and drug treatment services by women of child-bearing age, before, during, and immediately after pregnancy. These efforts are conducted through the division of alcohol and substance abuse. The secretary shall:
(1) Promote development of four pilot demonstration projects in the state to be called pretreatment projects for pregnant women. Two of the pilot projects are in urban areas and two are in rural areas.
(2) Ensure that one of the four projects is located in a public health department clinic providing maternity services and one is located in a county correctional facility.
(3)(a) Hire a certified chemical dependency counselor to work as a substance abuse educator in the public health clinic for a salary of forty-two thousand dollars, and hire a certified chemical dependency counselor to work as a substance abuse educator in a county correctional facility for a salary of forty-two thousand dollars.
(b) Ensure that the duties and activities of the certified chemical dependency counselors include, at a minimum, the following:
(i) Identify substance-using pregnant women in the health clinic or correctional facility;
(ii) Educate the women on the effects of alcohol or drugs on health, pregnancy, and unborn children;
(iii) Determine the extent of the women's substance use;
(iv) Evaluate the women's need for treatment;
(v) Make referrals for chemical dependency treatment if indicated;
(vi) Facilitate the women's entry into treatment; and
(vii) Advocate on the client's behalf with other social service agencies or others to ensure and coordinate clients into treatment.
(4) Promote development of two pilot projects through a request-for-proposal process. The purpose of the request-for-proposal process is to solicit applications to provide pretreatment services to facilitate a chemically dependent pregnant woman's entry into alcohol or drug treatment.
(a) The proposals must address each of the following pretreatment services: Identification of alcohol or drug use, education, assessment of alcohol or drug problems, evaluation, referral, and advocacy with other social service organizations or others to ensure a client's entry into treatment.
(b) Proposals must address how applicant will access target population.
(c) Eighty thousand dollars per year is provided to each of the two pilot projects.
(d) Eligible applicants should have prior experience with alcohol or drug issues.
(5) Administrative costs of the department are limited to ten percent of the funds appropriated for the project.
NEW SECTION. Sec. 4. The sum of four hundred eighty-eight thousand dollars, or as much thereof as may be necessary, is appropriated for the biennium ending June 30, 1993, from the general fund to the department of social and health services for the purposes of this act.