BILL REQ. #:  H-0402.1 

Read first time 01/18/2005.   Referred to Committee on Judiciary.

     AN ACT Relating to standardized chemical dependency assessment protocols; adding new sections to chapter 70.96A RCW; and creating a new section.

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

NEW SECTION.  Sec. 1   The legislature finds that standardized chemical dependency assessment protocols should be required in court-involved chemical dependency cases to ensure accurate assessments and treatment plans. Assessment protocols should require that collateral background information be obtained along with a drug screen urinalysis obtained at time of assessment for all assessments with an initial finding of other than substance dependence, and that a standardized assessment summary should be required in all court-involved assessments. Less than accurate criminal history and substance use history substantively affects proper treatment placement of individuals. Historically, assessments have been based solely on the self-report of defendants whose reporting history may not be accurate. Accurate assessments and treatment plans are necessary so that individuals receive appropriate treatment interventions and thus reduce the risk of their reoffending by continuing to become intoxicated and driving a vehicle, placing the public at risk. The legislature intends to establish standardized chemical dependency assessment protocols to be used uniformly statewide.

NEW SECTION.  Sec. 2   A new section is added to chapter 70.96A RCW to read as follows:
     (1) Court-involved assessments are limited to persons who have been arrested for a violation of driving while under the influence of intoxicating liquor or any drug under RCW 46.61.502 or being in actual physical control of a vehicle while under the influence of any intoxicating liquor or any drug under RCW 46.61.504.
     (2) A chemical dependency professional under chapter 246-811 WAC, a trainee supervised by an approved supervisor under chapter 246-810 WAC, or a probation assessment officer under chapter 388-805 WAC, must conduct each client assessment and ensure the assessment includes at a minimum:
     (a) A face-to-face diagnostic interview with each client to obtain, review, evaluate, and document the following:
     (i) A history of the client's involvement with alcohol and other drugs, including the type of substances used; the route of administration; and amount, frequency, and duration of use;
     (ii) A history of the client's involvement with alcohol or other drug treatment or education;
     (iii) The client's self-assessment of use of alcohol and other drugs; and
     (iv) A legal history pertaining to the client;
     (b) If the client is in need of treatment, a chemical dependency professional or trainee under the supervision of a chemical dependency professional must evaluate the assessment using patient placement criteria dimensions for the patient placement decision;
     (c) If an assessment is conducted on a youth, and the client is in need of treatment, the chemical dependency professional, or trainee under the supervision of a chemical dependency professional, must also obtain the following information:
     (i) The use of drugs by the client's parents and siblings;
     (ii) A history of school assessments for learning disabilities or other problems pertaining to the client, which may affect ability to understand written materials;
     (iii) The client's past and present parent/guardian custodial status, including running away and out-of-home placements;
     (iv) The client's history of emotional or psychological problems;
     (v) A history of child or adolescent developmental problems pertaining to the client; and
     (vi) The ability of the client's parents/guardians to participate in treatment; and
     (d) Documentation of the information collected, including:
     (i) A diagnostic assessment statement including sufficient data to determine a patient diagnosis supported by criteria of substance abuse or substance dependence; and
     (ii) A written summary of the data gathered under this subsection (2) that supports the treatment recommendation, and all the following:
     (A) An evaluation of a copy of the analysis of the client's blood alcohol level and other drug levels at the time of arrest, if available, and the client's self-reported driving record and a copy of the client's abstract of driving record. The evaluation must include a statement regarding the blood alcohol level and the client's self-reported driving record, and a clinical interpretative statement about the abstract of driving record that includes a fifteen-year history of all alcohol-related convictions and related offenses reduced to lesser offenses, and deferred prosecutions, and how they relate to the assessment and diagnosis;
     (B) A release of information from the client for the court of jurisdiction or judicial information system to receive a summation of the client's defendant case history if the initial finding is other than substance dependence. If collateral information is not obtained, circumstances preventing such efforts shall be included in the assessment;
     (C) A copy of the police report in cases where the blood or breath alcohol concentration test was refused. If the police report was not reviewed in cases of refusal, circumstances preventing such efforts shall be included in the assessment; and
     (D) A drug screen urinalysis if the initial finding is other than substance dependence. Results are to be assessed and included in the written assessment and recommendations. If a request for drug screen urinalysis is refused, circumstances surrounding the refusal shall be included in the assessment.

NEW SECTION.  Sec. 3   A new section is added to chapter 70.96A RCW to read as follows:
     Court-involved assessments shall use a chemical dependency assessment summary for all assessments and treatment recommendations. The information must include:
Client Name:
Date of Birth:
Address:
Phone Number:
Court:
Diagnostic Assessment:
Treatment Recommendations - Level and Duration:
Factors Considered in Recommendations:
BAC Level or Refusal Analysis:
Any Alcohol-related Arrests or Reduced Charges:
UA obtained at time of assessment: . . . . . . Yes . . . . . . No
Results:
Prior Evaluation: . . . . . Yes . . . . . . No
A/DIS: . . . . . Yes . . . . . . No
Deferred Prosecution: . . . . . Yes . . . . . . No
Treatment: . . . . . . Yes . . . . . . No
If prior treatment, explain:
Client Authorized Disclosure to: . . . . . . Attorney . . . . . . Court . . . . . . Law Enforcement . . . . . . Treatment Agency . . . . . . Child Protective Services . . . . . . Physician . . . . . . Family
NOTE: This assessment and treatment recommendations are voided if the client fails to fully disclose prior criminal history, treatment, assessment, or other relevant information. Recommendations for continuing care will be made periodically to the court and the client based on an ongoing assessment of need.
Date:
Treatment Counselor Signature and Credentials
*Full evaluation and any other necessary documentation are attached.