Z-1228.1                   _______________________________________________

 

                                                     SENATE BILL 6257

                              _______________________________________________

 

State of Washington                              53rd Legislature                             1994 Regular Session

 

By Senators Talmadge, Fraser and Winsley; by request of Department of Social and Health Services

 

Read first time 01/18/94.  Referred to Committee on Health & Human Services.

 

Petitioning for involuntary treatment.



          AN ACT Relating to involuntary treatment; and amending RCW 70.96A.020.

 

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

 

        Sec. 1.  RCW 70.96A.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) "Chemical dependency" means alcoholism or drug addiction, or 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) "Department" means the department of social and health services.

          (7) "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.

          (8) "Director" means the person administering the chemical dependency program within the department.

          (9) "Drug addict" means a person who suffers from the disease of drug addiction.

          (10) "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) "Emergency service patrol" means a patrol established under RCW 70.96A.170.

          (12) "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.

          (13) "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)) presents a likelihood of serious harm to himself or herself, to any other person, or to property.

          (14) "Incompetent person" means a person who has been adjudged -incompetent by the superior court.

          (15) "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) "Licensed physician" means a person licensed to practice medicine or osteopathy in the state of Washington.

          (17) "Likelihood of serious harm" means either:  (a) A substantial risk that 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 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 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.

          (18) "Minor" means a person less than eighteen years of age.

          (((18))) (19) "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.

          (((19))) (20) "Person" means an individual, including a minor.

          (((20))) (21) "Secretary" means the secretary of the department of social and health services.

          (((21))) (22) "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.

          (((22))) (23) "Treatment program" means an organization, institution, or corporation, public or private, engaged in the care, treatment, or rehabilitation of alcoholics or other drug addicts.

 


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