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 primary goal of ((methadone)) opiate
substitution treatment is ((drug-free living)) total abstinence
from chemical dependency for the individuals who participate in the
treatment program. The state recognizes that a small percentage of persons
who participate in opiate substitute treatment programs require treatment for
an extended period of time. Opiate substitution treatment programs shall
provide a comprehensive transition program to eliminate chemical dependency;
including opiate and opiate substitute addiction of program participants.
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 goals for treatment
programs under RCW 70.96A.400; the standards set forth in RCW
70.96A.420; and the rules adopted by the secretary.
(6)
For the purpose of this chapter, opiate substitution treatment means dispensing
an opiate substitution drug approved by the Federal Drug Administration for the
treatment of opiate addiction and providing a comprehensive range of medical
and rehabilitative services.
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)) 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.
(3)
The department shall establish criteria for evaluating the compliance of opiate
substitute treatment programs with the goals and standards established under
this chapter. As a condition of certification, opiate substitution programs
shall submit an annual report to the department and county legislative
authority, including data as specified by the department necessary for outcome
analysis. The department shall analyze and evaluate the data submitted by each
treatment program and take corrective action where necessary to ensure
compliance with the goals and standards enumerated under this chapter. Before
January 1 of each year, the department shall submit an annual report to the
legislature, including the outcome analysis of each treatment program.
