AN
ACT Relating to chemical dependency; amending RCW 70.96A.020, 70.96A.050, and
70.96A.140; and adding a new section 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:
(a)
Alcoholism ((or)); (b) drug addiction((,)); or (c)
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" or
"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)) psychoactive
chemicals" or "gravely disabled" means that a person,
as a result of the use of alcohol or other ((drugs)) psychoactive
chemicals: (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)
"History of one or more violent acts" refers to the period of time
ten years prior to the filing of a petition under this chapter, excluding any
time spent, but not any violent acts committed, in a mental health facility, or
a long-term alcoholism or drug treatment facility, or in confinement.
(14)
"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))
is gravely disabled or presents a likelihood of serious harm to himself
or herself, to any other person, or to property.
(((14)))
(15) "Incompetent person" means a person who has been adjudged
incompetent by the superior court.
(((15)))
(16) "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)))
(17) "Licensed physician" means a person licensed to practice
medicine or osteopathic medicine and surgery in the state of Washington.
(((17)))
(18) "Likelihood of serious harm" means ((either)):
(a)
A substantial risk that: (i) 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)) (ii) 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)) (iii) 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; or
(b)
The individual has threatened the physical safety of another and has a history
of one or more violent acts.
(((18)))
(19) "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)))
(20) "Minor" means a person less than eighteen years of age.
(((20)))
(21) "Parent" means the parent or parents who have the legal
right to custody of the child. Parent includes custodian or guardian.
(((21)))
(22) "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)))
(23) "Person" means an individual, including a minor.
(((23)))
(24) "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)))
(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.
(28)
"Violent act" means behavior that resulted in homicide, attempted
suicide, nonfatal injuries, or substantial damage to property.
Sec.
2. RCW
70.96A.050 and 1989 c 270 s 6 are each amended to read as follows:
The
department shall:
(1)
Develop, encourage, and foster statewide, regional, and local plans and
programs for the prevention of alcoholism and other drug addiction, treatment
of alcoholics and other drug addicts and their families, persons incapacitated
by alcohol or other psychoactive chemicals, and intoxicated persons in
cooperation with public and private agencies, organizations, and individuals
and provide technical assistance and consultation services for these purposes;
(2)
Coordinate the efforts and enlist the assistance of all public and private
agencies, organizations, and individuals interested in prevention of alcoholism
and drug addiction, and treatment of alcoholics and other drug addicts and
their families, persons incapacitated by alcohol or other psychoactive
chemicals, and intoxicated persons;
(3)
Cooperate with public and private agencies in establishing and conducting
programs to provide treatment for alcoholics and other drug addicts and their
families, persons incapacitated by alcohol or other psychoactive chemicals, and
intoxicated persons who are clients of the correctional system;
(4)
Cooperate with the superintendent of public instruction, state board of
education, schools, police departments, courts, and other public and private
agencies, organizations and individuals in establishing programs for the
prevention of alcoholism and other drug addiction, treatment of alcoholics or
other drug addicts and their families, persons incapacitated by alcohol ((and))
or other psychoactive chemicals, and intoxicated persons, and preparing
curriculum materials thereon for use at all levels of school education;
(5)
Prepare, publish, evaluate, and disseminate educational material dealing with
the nature and effects of alcohol and other psychoactive chemicals and the
consequences of their use;
(6)
Develop and implement, as an integral part of treatment programs, an
educational program for use in the treatment of alcoholics or other drug
addicts, persons incapacitated by alcohol ((and)) or other
psychoactive chemicals, and intoxicated persons, which program shall include
the dissemination of information concerning the nature and effects of alcohol
and other psychoactive chemicals, the consequences of their use, the principles
of recovery, and HIV and AIDS;
(7)
Organize and foster training programs for persons engaged in treatment of
alcoholics or other drug addicts, persons incapacitated by alcohol ((and))
or other psychoactive chemicals, and intoxicated persons;
(8)
Sponsor and encourage research into the causes and nature of alcoholism and
other drug addiction, treatment of alcoholics and other drug addicts, persons
incapacitated by alcohol ((and)) or other psychoactive chemicals,
and intoxicated persons, and serve as a clearing house for information relating
to alcoholism or other drug addiction;
(9)
Specify uniform methods for keeping statistical information by public and
private agencies, organizations, and individuals, and collect and make available
relevant statistical information, including number of persons treated,
frequency of admission and readmission, and frequency and duration of
treatment;
(10)
Advise the governor in the preparation of a comprehensive plan for treatment of
alcoholics and other drug addicts, persons incapacitated by alcohol or other
psychoactive chemicals, and intoxicated persons for inclusion in the state's
comprehensive health plan;
(11)
Review all state health, welfare, and treatment plans to be submitted for federal
funding under federal legislation, and advise the governor on provisions to be
included relating to alcoholism and other drug addiction, persons incapacitated
by alcohol or other psychoactive chemicals, and intoxicated persons;
(12)
Assist in the development of, and cooperate with, programs for alcohol and
other psychoactive chemical education and treatment for employees of state and
local governments and businesses and industries in the state;
(13)
Use the support and assistance of interested persons in the community to
encourage alcoholics and other drug addicts voluntarily to undergo treatment;
(14)
Cooperate with public and private agencies in establishing and conducting
programs designed to deal with the problem of persons operating motor vehicles
while intoxicated;
(15)
Encourage general hospitals and other appropriate health facilities to admit
without discrimination alcoholics and other drug addicts, persons incapacitated
by alcohol or other psychoactive chemicals, and intoxicated persons and to
provide them with adequate and appropriate treatment;
(16)
Encourage all health and disability insurance programs to include alcoholism
and other drug addiction as a covered illness; and
(17) Organize and sponsor a statewide program to help court
personnel, including judges, better understand the disease of alcoholism and
other drug addiction and the uses of chemical dependency treatment programs.
Sec.
3. RCW
70.96A.140 and 1995 c 312 s 49 are each amended to read as follows:
(1)
When a designated chemical dependency specialist receives information alleging
that a person ((is incapacitated)) presents a likelihood of serious
harm or is gravely disabled as a result of chemical dependency, the
designated chemical dependency specialist, after investigation and evaluation
of the specific facts alleged and of the reliability and credibility of the
information, may file a petition for commitment of such person with the
superior court ((or)), district court, or in another court
permitted by court rule.
If
a petition for commitment is not filed in the case of a minor, the parent,
guardian, or custodian who has custody of the minor may seek review of that
decision made by the designated chemical dependency specialist in superior or
district court. The parent, guardian, or custodian shall file notice with the
court and provide a copy of the designated chemical dependency specialist's
report.
If
the designated chemical dependency specialist finds that the initial needs of
such person would be better served by placement within the mental health
system, the person shall be referred to either a county designated mental
health professional or an evaluation and treatment facility as defined in
RCW 71.05.020 or 71.34.020. If placement in a chemical dependency program is
available and deemed appropriate, the petition shall allege that: The person
is chemically dependent and ((is incapacitated)) presents a
likelihood of serious harm or is gravely disabled by alcohol or drug
addiction, or that the person has twice before in the preceding twelve months
been admitted for detoxification, sobering services, or chemical
dependency treatment pursuant to RCW 70.96A.110 or 70.96A.120, and is in
need of a more sustained treatment program, or that the person is chemically
dependent and has threatened, attempted, or inflicted physical harm on another
and is likely to inflict physical harm on another unless committed. A refusal
to undergo treatment, by itself, does not constitute evidence of lack of
judgment as to the need for treatment. The petition shall be accompanied by a
certificate of a licensed physician who has examined the person within five
days before submission of the petition, unless the person whose commitment is
sought has refused to submit to a medical examination, in which case the fact
of refusal shall be alleged in the petition. The certificate shall set forth
the licensed physician's findings in support of the allegations of the
petition. A physician employed by the petitioning program or the department is
eligible to be the certifying physician.
(2)
Upon filing the petition, the court shall fix a date for a hearing no less than
two and no more than seven days after the date the petition was filed unless
the person petitioned against is presently being detained in a program,
pursuant to RCW 70.96A.120, 71.05.210, or 71.34.050, in which case the hearing
shall be held within seventy-two hours of the filing of the petition:
PROVIDED, HOWEVER, That the above specified seventy-two hours shall be computed
by excluding Saturdays, Sundays, and holidays: PROVIDED FURTHER, That, the
court may, upon motion of the person whose commitment is sought, or upon motion
of petitioner with written permission of the person whose commitment is sought,
or his or her counsel and, upon good cause shown, extend the date for the
hearing. A copy of the petition and of the notice of the hearing, including
the date fixed by the court, shall be served by the designated chemical dependency
specialist on the person whose commitment is sought, his or her next of kin, a
parent or his or her legal guardian if he or she is a minor, and any other
person the court believes advisable. A copy of the petition and certificate
shall be delivered to each person notified.
(3)
At the hearing the court shall hear all relevant testimony, including, if
possible, the testimony, which may be telephonic, of at least one licensed
physician who has examined the person whose commitment is sought. Communications
otherwise deemed privileged under the laws of this state are deemed to be
waived in proceedings under this chapter when a court of competent jurisdiction
in its discretion determines that the waiver is necessary to protect either the
detained person or the public. The waiver of a privilege under this section is
limited to records or testimony relevant to evaluation of the detained person
for purposes of a proceeding under this chapter. Upon motion by the detained
person, or on its own motion, the court shall examine a record or testimony
sought by a petitioner to determine whether it is within the scope of the
waiver.
The
record maker shall not be required to testify in order to introduce medical,
nursing, or psychological records of detained persons so long as the
requirements of RCW 5.45.020 are met, except that portions of the record that
contain opinions as to whether the detained person is chemically dependent
shall be deleted from the records unless the person offering the opinions is
available for cross-examination. The person shall be present unless the court
believes that his or her presence is likely to be injurious to him or her; in
this event the court may deem it appropriate to appoint a guardian ad litem to
represent him or her throughout the proceeding. If deemed advisable, the court
may examine the person out of courtroom. If the person has refused to be
examined by a licensed physician, he or she shall be given an opportunity to be
examined by a court appointed licensed physician. If he or she refuses and
there is sufficient evidence to believe that the allegations of the petition
are true, or if the court believes that more medical evidence is necessary, the
court may make a temporary order committing him or her to the department for a
period of not more than five days for purposes of a diagnostic examination.
(4)
If after hearing all relevant evidence, including the results of any diagnostic
examination, the court finds that grounds for involuntary commitment have been
established by clear, cogent, and convincing proof, it shall make an order of
commitment to an approved treatment program. It shall not order commitment of
a person unless it determines that an approved treatment program is available
and able to provide adequate and appropriate treatment for him or her.
(5)
A person committed under this section shall remain in the program for treatment
for a period of sixty days unless sooner discharged. At the end of the
sixty-day period, he or she shall be discharged automatically unless the
program, before expiration of the period, files a petition for his or her
recommitment upon the grounds set forth in subsection (1) of this section for a
further period of ninety days unless sooner discharged.
If
a petition for recommitment is not filed in the case of a minor, the parent,
guardian, or custodian who has custody of the minor may seek review of that
decision made by the designated chemical dependency specialist in superior or
district court. The parent, guardian, or custodian shall file notice with the
court and provide a copy of the treatment progress report.
If
a person has been committed because he or she is chemically dependent and
likely to inflict physical harm on another, the program shall apply for
recommitment if after examination it is determined that the likelihood still
exists.
(6)
Upon the filing of a petition for recommitment under subsection (5) of this
section, the court shall fix a date for hearing no less than two and no more
than seven days after the date the petition was filed: PROVIDED, That, the
court may, upon motion of the person whose commitment is sought and upon good
cause shown, extend the date for the hearing. A copy of the petition and of
the notice of hearing, including the date fixed by the court, shall be served
by the treatment program on the person whose commitment is sought, his or her
next of kin, the original petitioner under subsection (1) of this section if
different from the petitioner for recommitment, one of his or her parents or
his or her legal guardian if he or she is a minor, and his or her attorney and
any other person the court believes advisable. At the hearing the court shall
proceed as provided in subsection (3) of this section.
(7)
The approved treatment program shall provide for adequate and appropriate
treatment of a person committed to its custody. A person committed under this
section may be transferred from one approved public treatment program to
another if transfer is medically advisable.
(8)
A person committed to the custody of a program for treatment shall be
discharged at any time before the end of the period for which he or she has
been committed and he or she shall be discharged by order of the court if
either of the following conditions are met:
(a)
In case of a chemically dependent person committed on the grounds of likelihood
of infliction of physical harm upon himself, herself, or another, the
likelihood no longer exists; or further treatment will not be likely to bring
about significant improvement in the person's condition, or treatment is no
longer adequate or appropriate.
(b)
In case of a chemically dependent person committed on the grounds of the need
of treatment and incapacity, that the incapacity no longer exists.
(9)
The court shall inform the person whose commitment or recommitment is sought of
his or her right to contest the application, be represented by counsel at every
stage of any proceedings relating to his or her commitment and recommitment,
and have counsel appointed by the court or provided by the court, if he or she
wants the assistance of counsel and is unable to obtain counsel. If the court
believes that the person needs the assistance of counsel, the court shall
require, by appointment if necessary, counsel for him or her regardless of his
or her wishes. The person shall, if he or she is financially able, bear the
costs of such legal service; otherwise such legal service shall be at public
expense. The person whose commitment or recommitment is sought shall be
informed of his or her right to be examined by a licensed physician of his or
her choice. If the person is unable to obtain a licensed physician and
requests examination by a physician, the court shall employ a licensed
physician.
(10)
A person committed under this chapter may at any time seek to be discharged
from commitment by writ of habeas corpus in a court of competent jurisdiction.
(11)
The venue for proceedings under this section is the county in which person to
be committed resides or is present.
(12)
When in the opinion of the professional person in charge of the program
providing involuntary treatment under this chapter, the committed patient can
be appropriately served by less restrictive treatment before expiration of the
period of commitment, then the less restrictive care may be required as a
condition for early release for a period which, when added to the initial
treatment period, does not exceed the period of commitment. If the program
designated to provide the less restrictive treatment is other than the program
providing the initial involuntary treatment, the program so designated must
agree in writing to assume such responsibility. A copy of the conditions for
early release shall be given to the patient, the designated chemical dependency
specialist of original commitment, and the court of original commitment. The
program designated to provide less restrictive care may modify the conditions
for continued release when the modifications are in the best interests of the
patient. If the program providing less restrictive care and the designated
chemical dependency specialist determine that a conditionally released patient
is failing to adhere to the terms and conditions of his or her release, or that
substantial deterioration in the patient's functioning has occurred, then the
designated chemical dependency specialist shall notify the court of original
commitment and request a hearing to be held no less than two and no more than
seven days after the date of the request to determine whether or not the person
should be returned to more restrictive care. The designated chemical
dependency specialist shall file a petition with the court stating the facts
substantiating the need for the hearing along with the treatment
recommendations. The patient shall have the same rights with respect to
notice, hearing, and counsel as for the original involuntary treatment
proceedings. The issues to be determined at the hearing are whether the
conditionally released patient did or did not adhere to the terms and
conditions of his or her release to less restrictive care or that substantial
deterioration of the patient's functioning has occurred and whether the
conditions of release should be modified or the person should be returned to a
more restrictive program. The hearing may be waived by the patient and his or
her counsel and his or her guardian or conservator, if any, but may not be
waived unless all such persons agree to the waiver. Upon waiver, the person
may be returned for involuntary treatment or continued on conditional release
on the same or modified conditions.
NEW
SECTION. Sec. 4. A
new section is added to chapter 70.96A RCW to read as follows:
The
county alcoholism and other drug addiction program coordinator may designate
the county designated mental health professional to perform the detention and
commitment duties described in RCW 70.96A.120 and 70.96A.140.
NEW
SECTION. Sec. 5. If
any provision of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the provision to
other persons or circumstances is not affected.
