5674-S

AN ACT Relating to fetal alcohol syndrome; amending RCW 28A.170.060, 74.50.010, 74.50.055, 71A.10.020, and 66.08.180; adding a new section to chapter 66.08 RCW; adding new sections to chapter 43.70 RCW; adding a new section to chapter 70.05 RCW; adding a new section to chapter 28A.415 RCW; adding a new section to chapter 66.16 RCW; creating a new section; and providing an effective date.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1. The legislature finds that fetal alcohol syndrome is among the leading causes of mental deficiencies in the children of our state. The legislature recognizes that public and private efforts must be increased to heighten the public's awareness of the problems associated with fetal alcohol syndrome.

The legislature further finds that community educational programs and treatment programs, targeted at high-risk women, will have the greatest impact in reducing the incidence of fetal alcohol birth defects. The legislature also finds that there is a great necessity for: Local screening programs which can identify children who have fetal alcohol syndrome; state and local coordination of educational, prevention, treatment, and social service programs; and transitional and adult services for persons with fetal alcohol syndrome.

NEW SECTION. Sec. 2. A new section is added to chapter 66.08 RCW to read as follows:

The United States surgeon general warns that women should not drink alcoholic beverages during pregnancy because of the risk of birth defects. The legislature finds that these defects include fetal alcohol syndrome, a birth defect that causes permanent antisocial behavior in the sufferer, disrupts the functions of his or her family, and, at an alarmingly increasing rate, extracts a safety and fiscal toll on society.

NEW SECTION. Sec. 3. A new section is added to chapter 43.70 RCW to read as follows:

The department of health, the department of social and health services, and the office of the superintendent of public instruction shall execute an interagency agreement to ensure the coordination of identification, evaluation, and service delivery programs for children who have fetal alcohol syndrome, and for women who are at high risk of having children with fetal alcohol syndrome.

NEW SECTION. Sec. 4. A new section is added to chapter 43.70 RCW to read as follows:

The department shall create a screening and assessment pilot project, in one county as determined by the department, for children who may be affected by fetal alcohol syndrome. The department shall contract with local public health physicians or practitioners to provide the screening and assessment services. The department shall provide the physicians and practitioners with identification training for fetal alcohol syndrome. The training shall be offered through the University of Washington and paid for by the department. The services shall include written or visual educational materials for the children and their parents, and referrals to relevant public and private educational, prevention, treatment, and social service programs.

NEW SECTION. Sec. 5. A new section is added to chapter 70.05 RCW to read as follows:

Each county shall create a fetal alcohol syndrome task force. Each task force shall include representatives of the local health department, the largest school district in the county, the department of social and health services community services office, and community advocates. The task forces shall assist the state and local agencies in the coordination of fetal alcohol syndrome prevention, treatment, and educational services.

Sec. 6. RCW 28A.170.060 and 1989 c 271 s 113 are each amended to read as follows:

The superintendent of public instruction, through the state clearinghouse for education information, shall collect and disseminate to all school districts and other interested parties information about: (1) Effective substance abuse programs; (2) the alcohol consumption risks for pregnant women including, but not limited to, fetal alcohol syndrome; and (3) the penalties for (a) manufacturing, selling, delivering, or possessing controlled substances on or within one thousand feet of a school or school bus route stop under RCW 69.50.435 ((~~and~~)), (b) distributing a controlled substance to a person under the age of eighteen under RCW 69.50.406, and (c) alcohol-related driving offenses.

NEW SECTION. Sec. 7. A new section is added to chapter 28A.415 RCW to read as follows:

The superintendent of public instruction, educational service districts, and local school districts are encouraged to devise programs of in-service training for public school certificated and classified personnel who come into contact with students in grades kindergarten through twelve for the purpose of providing instruction on how to effectively teach children who have fetal alcohol syndrome. The programs shall include information to assist in the understanding of the children's behavioral strengths and deficiencies, different learning styles, and the differences in their judgment skills.

Sec. 8. RCW 74.50.010 and 1988 c 163 s 1 are each amended to read as follows:

The legislature finds:

(1) There is a need for reevaluation of state policies and programs regarding indigent alcoholics and drug addicts;

(2) The practice of providing a cash grant may be causing rapid caseload growth and attracting transients to the state;

(3) Many chronic public inebriates have been recycled through county detoxification centers repeatedly without apparent improvement;

(4) The assumption that all individuals will recover through treatment has not been substantiated;

(5) The state must modify its policies and programs for alcoholics and drug addicts and redirect its resources in the interests of these individuals, the community, and the taxpayers; ((~~and~~))

(6) Treatment resources should be focused on persons willing to commit to rehabilitation and on women at high risk of giving birth to children with fetal alcohol syndrome; and

(7) It is the intent of the legislature that, to the extent possible, shelter services be developed under this chapter that do not result in the displacement of existing emergency shelter beds. To the extent that shelter operators do not object, it is the intent of the legislature that any vacant shelter beds contracted for under this chapter be made available to provide emergency temporary shelter to homeless individuals.

Sec. 9. RCW 74.50.055 and 1989 1st ex.s. c 18 s 4 are each amended to read as follows:

(1) A person shall not be eligible for treatment services under this chapter unless he or she:

(a) Meets the financial eligibility requirements contained in RCW 74.04.005; and

(b) Is incapacitated from gainful employment, which incapacity will likely continue for a minimum of sixty days.

(2) First priority for receipt of treatment services shall be given to pregnant women, women who have given birth to a child with fetal alcohol syndrome, and parents of young children.

(3) In order to rationally allocate treatment services, the department may establish by rule caseload ceilings and additional eligibility criteria, including the setting of priorities among classes of persons for the receipt of treatment services. Any such rules shall be consistent with any conditions or limitations contained in any appropriations for treatment services.

Sec. 10. RCW 71A.10.020 and 1988 c 176 s 102 are each amended to read as follows:

As used in this title, the following terms have the meanings indicated unless the context clearly requires otherwise.

(1) "Department" means the department of social and health services.

(2) "Developmental disability" means a disability attributable to mental retardation, cerebral palsy, epilepsy, autism, fetal alcohol syndrome, or another neurological or other condition of an individual found by the secretary to be closely related to mental retardation or to require treatment similar to that required for individuals with mental retardation, which disability originates before the individual attains age eighteen, which has continued or can be expected to continue indefinitely, and which constitutes a substantial handicap to the individual. ((By January 1, 1989, the department shall promulgate rules which define neurological or other conditions in a way that is not limited to intelligence quotient scores as the sole determinate [determinant] of these conditions, and notify the legislature of this action.))

(3) "Eligible person" means a person who has been found by the secretary under RCW 71A.16.040 to be eligible for services.

(4) "Habilitative services" means those services provided by program personnel to assist persons in acquiring and maintaining life skills and to raise their levels of physical, mental, social, and vocational functioning. Habilitative services include education, training for employment, and therapy.

(5) "Legal representative" means a parent of a person who is under eighteen years of age, a person's legal guardian, a person's limited guardian when the subject matter is within the scope of the limited guardianship, a person's attorney at law, a person's attorney in fact, or any other person who is authorized by law to act for another person.

(6) "Notice" or "notification" of an action of the secretary means notice in compliance with RCW 71A.10.060.

(7) "Residential habilitation center" means a state-operated facility for persons with developmental disabilities governed by chapter 71A.20 RCW.

(8) "Secretary" means the secretary of social and health services or the secretary's designee.

(9) "Service" or "services" means services provided by state or local government to carry out this title.

NEW SECTION. Sec. 11. A new section is added to chapter 66.16 RCW to read as follows:

The liquor control board shall ensure that each state liquor store prominently displays information regarding the hazards and possible adverse effects of alcohol consumption. The information shall specifically address the alcohol consumption risks for pregnant women including, but not limited to, education materials on fetal alcohol syndrome.

The board shall cause to be posted in a conspicuous place within each state liquor store a notice in one-inch type to the following effect: "Women should not drink alcoholic beverages during pregnancy because of the risk of birth defects, including fetal alcohol syndrome and fetal alcohol effects."

Sec. 12. RCW 66.08.180 and 1987 c 458 s 10 are each amended to read as follows:

Moneys in the liquor revolving fund shall be distributed by the board at least once every three months in accordance with RCW 66.08.190, 66.08.200 and 66.08.210: PROVIDED, That the board shall reserve from distribution such amount not exceeding five hundred thousand dollars as may be necessary for the proper administration of this title: AND PROVIDED FURTHER, That all license fees, penalties and forfeitures derived under this act from class H licenses or class H licensees shall every three months be disbursed by the board as follows:

(1) 5.95 percent to the University of Washington and 3.97 percent to Washington State University for alcoholism and drug abuse research and for the dissemination of such research;

(2) 1.75 percent, but in no event less than one hundred fifty thousand dollars per biennium, to the University of Washington to conduct the state toxicological laboratory pursuant to RCW ((~~68.08.107~~)) 68.50.107;

(3) 88.33 percent to the general fund to be used by the department of social and health services solely to carry out the purposes of ((~~RCW 70.96.085, as now or hereafter amended~~)) chapter 70.96A RCW;

(4) The first fifty-five dollars per license fee provided in RCW 66.24.320 and 66.24.330 up to a maximum of one hundred fifty thousand dollars annually shall be disbursed every three months by the board to the general fund to be used for juvenile alcohol and drug prevention programs for kindergarten through third grade to be administered by the superintendent of public instruction;

(5) Twenty percent of the remaining total amount derived from license fees pursuant to RCW 66.24.320, 66.24.330, 66.24.340, 66.24.350, 66.24.360, and 66.24.370, shall be transferred to the general fund to be used by the department of social and health services solely to carry out the purposes of ((~~RCW 70.96.085~~)) chapter 70.96A RCW; and

(6) One-fourth cent per liter of the tax imposed by RCW 66.24.210 shall every three months be disbursed by the board to Washington State University solely for wine and wine grape research, extension programs related to wine and wine grape research, and resident instruction in both wine grape production and the processing aspects of the wine industry in accordance with RCW 28B.30.068. The director of financial management shall prescribe suitable accounting procedures to ensure that the funds transferred to the general fund to be used by the department of social and health services and appropriated are separately accounted for.

NEW SECTION. Sec. 13. This act shall take effect January 1, 1994.