BILL REQ. #:  S-4466.1 

READ FIRST TIME 02/04/10.   

     AN ACT Relating to treatment for behavioral health disorders; amending RCW 70.96A.020; and adding a new section to chapter 70.96A RCW.

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

NEW SECTION.  Sec. 1   A new section is added to chapter 70.96A RCW to read as follows:
     (1) The legislature recognizes that there is significant but not complete overlap between the populations of persons in need of treatment for alcoholism and substance abuse disorders and persons in need of treatment for mental disorders. At times, it may be efficient to colocate services for patients with a spectrum of behavioral health disorders in the same treatment facility. The legislature directs that state agencies shall do everything possible to facilitate the efficient and effective operation of such programs when the programs serve patients in a safe and clinically appropriate manner consistent with federal law and regulation.
     (2) A facility certified to serve patients in crisis with chemical dependency and/or mental disorders need not divide these clients into separate sleeping rooms.

Sec. 2   RCW 70.96A.020 and 2001 c 13 s 1 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) 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; or (b) a crisis facility that is certified by the department as a detoxification, triage, or crisis stabilization program.
     (4) "Chemical dependency" means:
     (a) Alcoholism; (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 psychoactive chemicals" or "gravely disabled" means that a person, as a result of the use of alcohol or other 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, is gravely disabled or presents a likelihood of serious harm to himself or herself, to any other person, or to property.
     (15) "Incompetent person" means a person who has been adjudged incompetent by the superior court.
     (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.
     (17) "Licensed physician" means a person licensed to practice medicine or osteopathic medicine and surgery in the state of Washington.
     (18) "Likelihood of serious harm" means:
     (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; (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 (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.
     (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.
     (20) "Minor" means a person less than eighteen years of age.
     (21) "Parent" means the parent or parents who have the legal right to custody of the child. Parent includes custodian or guardian.
     (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.
     (23) "Person" means an individual, including a minor.
     (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.
     (25) "Secretary" means the secretary of the department of social and health services.
     (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.
     (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.