[atlas:bill]

AN ACT Relating to faith-based chemical dependency treatment programs; amending RCW 70.96A.020; and adding new sections to chapter 70.96A RCW.

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

Sec. 1. RCW 70.96A.020 and 1998 c 296 s 22 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 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 osteopathic medicine and surgery 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) "Medical necessity" for inpatient care of a minor means a requested certified inpatient service that is reasonably calculated to: (a) Diagnose, arrest, or alleviate a chemical dependency; or (b) prevent the worsening of chemical dependency conditions that endanger life or cause suffering and pain, or result in illness or infirmity or threaten to cause or aggravate a handicap, or cause physical deformity or malfunction, and there is no adequate less restrictive alternative available.

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

(20) "Parent" means the parent or parents who have the legal right to custody of the child. Parent includes custodian or guardian.

(21) "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.

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

(23) "Professional person in charge" or "professional person" means a physician or chemical dependency counselor as defined in rule by the department, who is empowered by a certified treatment program with authority to make assessment, admission, continuing care, and discharge decisions on behalf of the certified program.

(24) "Religious organization" means a church, synagogue, mosque, or other religious institution:

(a) The purpose of which is the propagation of religious beliefs; and

(b) That is exempt from federal income tax under section 501 of the internal revenue code of 1986 (26 U.S.C. Sec. 501(a)) by being listed as an exempt organization under section 501(c) of that code (26 U.S.C. Sec. 501(a)).

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

((~~(25)~~)) (26) "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.

((~~(26)~~)) (27) "Treatment program" means an organization, institution, or corporation, public or private, engaged in the care, treatment, or rehabilitation of alcoholics or other drug addicts.

NEW SECTION. Sec. 2. A new section is added to chapter 70.96A RCW to read as follows:

(1) This chapter, other than RCW 70.96A.020 and sections 2 through 9 of this act, and chapter 71.12 RCW do not apply to a chemical dependency treatment program that:

(a) Is conducted by a religious organization;

(b) Is exclusively religious, spiritual, or ecclesiastical in nature;

(d) Is registered under section 3 of this act.

(2) The department may not prohibit the use, by a program exempted under this subsection, of the term "counseling," "treatment," or "rehabilitation."

NEW SECTION. Sec. 3. A new section is added to chapter 70.96A RCW to read as follows:

(1) The department by rule shall establish a simple procedure for a faith-based chemical dependency treatment program to register the program's exemption under section 2 of this act.

(2) A program exempted under section 2 of this act may not provide medical care, medical detoxification, or medical withdrawal services.

(3) A program exempted under section 2 of this act shall conspicuously include in any advertisement or literature that promotes or describes the program or the program's chemical dependency treatment services the following statement:

"The treatment and recovery services at (name of program) are exclusively religious in nature and are not subject to licensure by the Washington department of health or regulation by the Washington department of social and health services, division of alcohol and substance abuse. This program offers only nonmedical treatment and recovery methods such as prayer, moral guidance, spiritual counseling, and scriptural study."

NEW SECTION. Sec. 4. A new section is added to chapter 70.96A RCW to read as follows:

(1) A program exempted under section 2 of this act may not admit a person unless the person signs the following statement on admission:

"DECLARATION:

I understand that:

(1) The treatment and recovery services at (name of program) are exclusively religious in nature and are not subject to licensure by the Washington department of health or regulation by the Washington department of social and health services, division of alcohol and substance abuse; and

(2) (Name of program) offers only nonmedical treatment and recovery methods, such as prayer, moral guidance, spiritual counseling, and scriptural study.

signed . . . . . . . . . . . date . . . . . . . . . . ."

(2) The program shall:

(a) Keep the original signed statement on file; and

(b) Provide a copy of the signed statement to the person admitted.

NEW SECTION. Sec. 5. A new section is added to chapter 70.96A RCW to read as follows:

The department may revoke the exemption after notice and hearing if:

(1) The organization conducting the program fails to timely inform the department of any material change in the program's registration information;

(2) Any program advertisement or literature fails to include the statements required by section 3 of this act; or

(3) The organization violates the provisions of sections 2 through 4 or 8 of this act or a department rule adopted under sections 2 through 9 of this act.

NEW SECTION. Sec. 6. A new section is added to chapter 70.96A RCW to read as follows:

A state agency may not deny to an individual a state or federal social service benefit on the basis that the individual is participating in a faith‑based residential chemical dependency treatment program.

NEW SECTION. Sec. 7. A new section is added to chapter 70.96A RCW to read as follows:

Sections 2 through 9 of this act are not intended to aid religion. These sections are intended to aid chemically dependent persons by supporting programs that serve the valid public purpose of combating chemical dependency, regardless of whether the programs are religious, spiritual, or ecclesiastical in nature. The exemption of faith‑based chemical dependency treatment programs from licensure and regulation is not an endorsement or sponsorship by the state of the religious character, expression, beliefs, doctrines, or practices of the treatment programs.

NEW SECTION. Sec. 8. A new section is added to chapter 70.96A RCW to read as follows:

A program exempted under section 2 of this act is not eligible to compete against a licensed program for direct federal or state treatment funding.

NEW SECTION. Sec. 9. A new section is added to chapter 70.96A RCW to read as follows:

Sections 2 through 8 of this act do not affect the authority of a local, regional, or state health department official, the state fire marshal, or a local fire prevention official to inspect a facility used by a program exempted under section 2 of this act.