H-2266.1 _______________________________________________
SUBSTITUTE HOUSE BILL 1298
_______________________________________________
State of Washington 54th Legislature 1995 Regular Session
By House Committee on Children & Family Services (originally sponsored by Representatives Cooke, Tokuda and Patterson; by request of Department of Social and Health Services)
Read first time 03/01/95.
AN ACT Relating to methadone treatment; and amending RCW 70.96A.400, 70.96A.410, and 70.96A.420.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. RCW 70.96A.400 and 1989 c 270 s 20 are each amended to read as follows:
The
state of Washington declares that there is no fundamental right to ((methadone))
opiate substitution treatment. The state of Washington further declares
that while methadone ((is an)) and other like pharmacological drugs,
used in the treatment of opiate dependency are addictive substances,
that ((it)) they nevertheless ((has)) have several
legal, important, and justified uses and that one of ((its)) their
appropriate and legal uses is, in conjunction with other required therapeutic
procedures, in the treatment of persons addicted to or habituated to opioids.
Because
methadone ((is)) and other like pharmacological drugs, used in the
treatment of opiate dependency are addictive and ((is)) are
listed as a schedule II controlled substance in chapter 69.50 RCW, the state of
Washington and authorizing counties on behalf of their citizens have the legal
obligation and right to regulate the use of ((methadone)) opiate
substitution treatment. The state of Washington declares its authority to
control and regulate carefully, in cooperation with the authorizing counties,
all clinical uses of methadone and other pharmacological drugs used in
the treatment of ((opium)) opiate addiction. Further, the state
declares that the goal of ((methadone)) opiate substitution
treatment is drug-free living for the individuals who participate in the
treatment program.
Sec. 2. RCW 70.96A.410 and 1989 c 270 s 21 are each amended to read as follows:
(1) A
county legislative authority may prohibit ((methadone)) opiate
substitution treatment in that county. The department shall not certify ((a
methadone)) an opiate substitution treatment program in a county where
the county legislative authority has prohibited ((methadone)) opiate
substitution treatment. If a county legislative authority authorizes ((methadone))
opiate substitution treatment programs, it shall limit by ordinance the
number of ((methadone)) opiate substitution treatment programs
operating in that county by limiting the number of licenses granted in that
county. If a county has authorized ((methadone)) opiate substitution
treatment programs in that county, it shall only license ((methadone)) opiate
substitution treatment programs that comply with the department's operating
and treatment standards under this section and RCW 70.96A.420. A county that
authorizes ((methadone)) opiate substitution treatment may
operate the programs directly or through a local health department or health
district or it may authorize certified ((methadone)) opiate
substitution treatment programs that the county licenses to provide the
services within the county. Counties shall monitor ((methadone)) opiate
substitution treatment programs for compliance with the department's
operating and treatment regulations under this section and RCW 70.96A.420.
(2) A
county that authorizes ((methadone)) opiate substitution
treatment programs shall develop and enact by ordinance licensing standards,
consistent with this chapter and the operating and treatment standards adopted
under this chapter, that govern the application for, issuance of, renewal of,
and revocation of the licenses. Certified programs existing before May 18, 1987,
applying for renewal of licensure in subsequent years, that maintain
certification and meet all other requirements for licensure, shall be given
preference.
(3) In
certifying programs, the department shall not discriminate against ((a
methadone)) an opiate substitution treatment program on the basis of
its corporate structure. In licensing programs, the county shall not
discriminate against ((a methadone)) an opiate substitution treatment
program on the basis of its corporate structure.
(4) A program applying for certification from the department and a program applying for a contract from a state agency that has been denied the certification or contract shall be provided with a written notice specifying the rationale and reasons for the denial. A program applying for a license or a contract from a county that has been denied the license or contract shall be provided with a written notice specifying the rationale and reasons for the denial.
(5) A license is effective for one calendar year from the date of issuance. The license shall be renewed in accordance with the provisions of this section for initial approval and in accordance with the standards set forth in rules adopted by the secretary.
(6) After August 1, 1995, the department shall not certify, and any county legislative authority shall not authorize, any additional opiate substitution programs.
Sec. 3. RCW 70.96A.420 and 1989 c 270 s 22 are each amended to read as follows:
(1)
The department, in consultation with ((methadone)) opiate
substitution treatment service providers and counties authorizing ((methadone))
opiate substitution treatment programs, shall establish state-wide
treatment standards for ((methadone)) opiate substitution
treatment programs. The department and counties that authorize ((methadone))
opiate substitution treatment programs shall enforce these treatment
standards. The treatment standards shall include, but not be limited to,
reasonable provisions for all appropriate and necessary medical procedures,
counseling requirements, urinalysis, and other suitable tests as needed to
ensure compliance with this chapter and the treatment standard authorized by
this chapter. ((A methadone)) An opiate substitution treatment
program shall not have a caseload in excess of three hundred fifty persons.
(2)
The department, in consultation with ((methadone)) opiate
substitution treatment programs and counties authorizing ((methadone))
opiate substitution treatment programs, shall establish state-wide
operating standards for ((methadone)) opiate substitution
treatment programs. The department and counties that authorize ((methadone))
opiate substitution treatment programs shall enforce these operating
standards. The operating standards shall include, but not be limited to,
reasonable provisions necessary to enable the department and authorizing
counties to monitor certified and licensed ((methadone)) opiate
substitution treatment programs for compliance with this chapter and the treatment
standards authorized by this chapter and to minimize the impact of the ((methadone))
opiate substitution treatment programs upon the business and residential
neighborhoods in which the program is located.
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