Z-0034.1 _______________________________________________
HOUSE BILL 1298
_______________________________________________
State of Washington 54th Legislature 1995 Regular Session
By Representatives Cooke, Tokuda and Patterson; by request of Department of Social and Health Services
Read first time 01/20/95. Referred to Committee on Children & Family Services.
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.
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 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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