AN ACT Relating to children's services; amending RCW 69.54.100, 70.96.180, and 18.64.005; adding a new section to chapter 28A.03 RCW; and creating new sections.

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

NEW SECTION. Sec. 1. As used in sections 2, 3, and 4 of this act, "substance abuse" means misuse, abuse, or potential abuse of alcohol or illicit or licit drugs.

NEW SECTION. Sec. 2. A new section is added to chapter 28A.03 RCW to read as follows:

(1) The superintendent of public instruction shall establish minimum standards for common school services relating to youth substance abuse. These standards shall include at a minimum:

(a) Substance abuse curriculum for grades kindergarten through twelve;

(b) Related school employee training;

(d) School drug/alcohol policies; and

(e) Role of parent training.

(2) The standards shall, to the extent possible, be based upon sound empirical research findings. Efforts shall be made to include parents of students, local school administrators, and interested community members and organizations in developing the standards.

(3) In addition to the standards, the superintendent shall develop an implementation plan with a phase-in schedule that will implement the standards state-wide by 1991. The superintendent shall use his or her discretion in determining the priority of phasing-in at various grade levels. Efforts shall be made to phase-in early implementation in areas designated for the pilot project under section 3 of this act.

(4) The superintendent shall report to the appropriate committees of the legislature no later than January 1, 1988, regarding compliance with this section.

NEW SECTION. Sec. 3. (1) A youth substance abuse pilot project is hereby created. There shall be three program sites for the project: Two in the western part of the state and one in the eastern part of the state. The purpose of the project is: To provide substance abuse and related services to youth in need; to study the effectiveness of the availability of services upon youth who have substance abuse and other problems; to demonstrate the use of outcome measures to ascertain cost-effectiveness; and to evaluate different ways of delivering and managing social services.

(2) For two program sites, designated as site A and site B, a full range of services shall be provided including: Prevention and education programs; parent training; early intervention programs; treatment, both in-patient and out-patient; and aftercare, both in-patient and out-patient. The third program site, designated as site C, shall be a program existing before the effective date of this section.

(3) Coordination between the department of social and health services' bureau of alcohol and substance abuse and division of children and family services is mandated in order to establish the service delivery system for program sites A and B. A complete continuum of care from prevention through after care shall be included. The department shall develop an assessment model and implement cross training for involved personnel to become informed in drug and alcohol, and child treatment issues. Prevention and early intervention services shall be handled as contracted services through the bureau of alcohol and substance abuse. Additional intervention, treatment, and after care services shall be handled using the case management approach out of the local community service offices whereby a case manager is given primary responsibility for a youth's care and given a finite amount of funds with broad discretion in using the funds to obtain necessary care. The department shall contract or consult with persons experienced in implementing case management systems.

(4) Program site C shall be an existing program in the western side of the state and shall function as a control group.

(5) The department of social and health services shall have general administrative responsibility for the pilot project, except for the duties delegated to the steering committee set forth in subsection (6) of this section.

(6) A steering committee is hereby created to oversee and monitor the pilot project. There shall be at least five and no more than ten members appointed jointly by the secretary of social and health services and the superintendent of public instruction. Members shall be chosen from representatives of education, youth services, law enforcement, parent groups, state-wide substance abuse organizations, and educators. In addition, two members of the Washington state senate and two members of the house of representatives shall be appointed by the leaders of the respective bodies and shall be nonvoting members. The steering committee shall: Review and approve the pilot project master plan, review periodically the project's progress, and select the project evaluator, but the department of social and health services shall not conduct the evaluation.

(7) The pilot project shall coordinate with existing local prevention programs and school-based programs.

(8) The project shall commence not later than October 1, 1987, and shall terminate September 31, 1990. The final evaluation of the project shall be submitted to the appropriate standing committees of the legislature no later than December 20, 1990.

(9) This section shall expire December 30, 1990.

NEW SECTION. Sec. 4. (1) The substance abuse coordinating committee is hereby created. The committee shall be located, on a temporary basis, within the governor's office. The membership shall include the chief administrative officials of the following state agencies: The department of social and health services; the superintendent of public instruction; the Washington state patrol; the Washington state safety commission; the Washington state board of pharmacy; the Washington state liquor control board; and the department of licensing. The governor shall also appoint at least five additional members representing local schools, community substance abuse organizations, parent groups, state substance abuse organizations, universities, and common school students. The appointed members shall serve at the pleasure of the governor. The governor shall designate the chairperson.

(2) The committee's responsibilities shall include:

(a) The coordination and the exchange of information relating to substance abuse;

(b) Developing strategies for the prevention, reduction, and elimination of substance abuse;

(d) Ensuring the conduct of periodic state-wide surveys of the involvement of students in substance abuse, including frequency of use of substances, duration, types of substances, and risk factors associated with substance abuse. State-wide student surveys shall be conducted, at a minimum during the 1987, 1990, and 1993 school years.

(3) The governor shall monitor the performance of the committee and shall report to the legislature in January 1990 regarding its effectiveness, whether or not it should be continued, and if so, the appropriate permanent place for it within the executive branch of the government.

(4) This section shall expire January 15, 1990.

Sec. 5. Section 8, chapter 193, Laws of 1982 and RCW 69.54.100 are each amended to read as follows:

(1) A county legislative authority, or two or more counties acting jointly, may establish a drug abuse program. If two or more counties jointly establish a drug abuse program, one county shall be designated to provide administrative and financial services.

(2) To be eligible for funds from the department for the support of the county drug abuse program, the county legislative authority must establish a county drug abuse administrative board and appoint a county drug abuse coordinator.

(3) The county legislative authority may apply to the department for financial support for the county drug abuse program. To receive the financial support, the county legislative authority shall submit a plan which meets the following conditions:

(a) It shall describe the services and activities to be provided;

(b) It shall include anticipated expenditures and revenues;

(d) It shall reflect maximum effective use of existing services and facilities; ((~~and~~))

(e) It shall contain a service plan for youth with substance abuse problems as that term is defined in section 2(5) of this 1987 act within each jurisdiction including the number of youth to be served, a description of the services and activities to be provided, and related anticipated expenditures and revenue. The plan shall provide for coordination with the plan under RCW 70.96.180(3)(e); and

(f) Such other conditions as the secretary may require.

(4) The county is authorized to accept and expend gifts, grants, and fees, from public and private sources, to implement its drug abuse program.

Sec. 6. Section 4, chapter 193, Laws of 1982 and RCW 70.96.180 are each amended to read as follows:

(1) A county legislative authority, or two or more counties acting jointly, may establish an alcoholism program. If two or more counties jointly establish an alcoholism program, one county shall be designated to provide administrative and financial services.

(2) To be eligible for funds from the department for the support of the county alcoholism program, the county legislative authority must establish a county alcoholism administrative board and appoint a county alcoholism coordinator.

(3) The county legislative authority may apply to the department for financial support for the county alcoholism program. To receive such financial support, the county legislative authority shall submit a plan which meets the following conditions:

(a) It shall describe the services and activities to be provided;

(b) It shall include anticipated expenditures and revenues;

(d) It shall reflect maximum effective use of existing services and facilities; ((~~and~~))

(f) Such other conditions as the secretary may require.

(4) The county is authorized to accept and expend gifts, grants, and fees, from public and private sources, to implement its alcoholism program.

NEW SECTION. Sec. 7. The secretary of social and health services shall study the desirability and feasibility of consolidating children and family services presently provided by the department. The analysis of consolidation shall include, at a minimum, children's services related to: Mental illness; juvenile rehabilitation; alcohol and substance abuse; child welfare; children's protection; and developmental disabilities.

The scope of this review shall include review of prevention and early intervention services, in-home care, residential care, and institutional care.

The secretary shall report to the human services committee of the house of representatives and the human services and corrections committee of the senate no later than December 1, 1987. The report shall include an analysis of consolidating these services, ways to improve linkages with the public school system, and appropriate recommendations. It shall also include all options considered but not accepted and reasons for rejection, and the legislative and organizational changes necessary for the implementation of the recommendations.

This section shall expire January 1, 1988.

Sec. 8. Section 3, chapter 98, Laws of 1935 as last amended by section 2, chapter 153, Laws of 1984 and RCW 18.64.005 are each amended to read as follows:

The board shall:

(1) Regulate the practice of pharmacy and administer and enforce all laws placed under its jurisdiction;

(2) Prepare, grade, and administer or determine the nature of, and supervise the grading and administration of, examinations for applicants for pharmacists' licenses;

(3) Examine, inspect, and investigate all applicants for license as pharmacists or pharmacy interns and grant licenses to all applicants whom it shall judge to be properly qualified;

(4) Establish reasonable fees for licenses, examinations, and services for other agencies sufficient to cover the cost of the operations of the board. In cases where there are unanticipated demands for services the board may request payment for services directly from the agencies for whom the services are performed, to the extent that revenues or other funds are available. Drug-related investigations regarding licensed health care practitioners shall be funded by an appropriation to the board from the health professions account. The payment may be made on either an advance or a reimbursable basis as approved by the director of financial management;

(5) Employ an executive officer, inspectors, investigators, chemists, and other agents as necessary to assist it for any purpose which it may deem necessary;

(6) Investigate violations of the provisions of law or regulations under its jurisdiction, and cause prosecutions to be instituted in the courts;

(7) Make inspections and investigations of pharmacies and other places, including dispensing machines, in which drugs or devices are stored, held, compounded, dispensed, sold, or administered to the ultimate consumer, to take and analyze any drugs or devices and to seize and condemn any drugs or devices which are adulterated, misbranded, stored, held, dispensed, distributed, administered, or compounded in violation of or contrary to law;

(8) Conduct hearings for the revocation or suspension of licenses, permits, registrations, certificates, or any other authority to practice granted by the board, which hearings may also be conducted by an administrative law judge appointed under chapter 34.12 RCW;

(9) Issue subpoenas and administer oaths in connection with any investigation, hearing, or disciplinary proceeding held under this chapter or any other chapter assigned to the board;

(10) Assist the regularly constituted enforcement agencies of this state in enforcing all laws pertaining to drugs, controlled substances, and the practice of pharmacy, and/or any other laws or rules under its jurisdiction;

(11) Promulgate rules for the dispensing, distribution, wholesaling, and manufacturing of drugs and devices and the practice of pharmacy for the protection and promotion of the public health, safety, and welfare. Violation of any such rules shall constitute grounds for refusal, suspension, or revocation of licenses or any other authority to practice issued by the board;

(12) Adopt rules establishing and governing continuing education requirements for pharmacists and other licensees applying for renewal of licenses under this chapter;

(13) Be immune, collectively and individually, from suit in any action, civil or criminal, based upon any disciplinary proceedings or other official acts performed in good faith as members of such board. Such immunity shall apply to employees of the board when acting at the direction of the board in the course of disciplinary proceedings;

(14) ((Establish an interdepartmental coordinating committee on drug misuse, diversion, and abuse, composed of one member from each caucus of the house of representatives and senate, the superintendent of public instruction, the director of licensing, the executive secretary of the criminal justice training commission, the chief of the Washington state patrol, the secretary of social and health services, director of the traffic safety commission, representatives of prescribing, delivering, and dispensing health care practitioner boards, the attorney general, the director of the department of labor and industries, a representative of local law enforcement agencies, and the executive officer of the board of pharmacy, or their designees. The committee shall meet at least twice annually at the call of the executive officer of the board of pharmacy who shall serve as chairperson of the committee. The committee shall advise the board of pharmacy in all matters related to its powers and duties delineated in subsections (15), (16), (17), (18) and (19) of this section, and shall report to the legislature each biennium on the results of its and the board's activity under those subsections;

(15) Provide for the coordination and exchange of information on state programs relating to drug misuse, diversion, and abuse, and act as a permanent liaison among the departments and agencies engaged in activities concerning the legal and illegal use of drugs;

~~(16)~~)) Suggest strategies for preventing, reducing, and eliminating drug misuse, diversion, and abuse, including professional and public education, and treatment of persons misusing and abusing drugs;

((~~(17)~~)) (15) Conduct or encourage educational programs to be conducted to prevent the misuse, diversion, and abuse of drugs for health care practitioners and licensed or certified health care facilities;

((~~(18)~~)) (16) Monitor trends of drug misuse, diversion, and abuse and make periodic reports to disciplinary boards of licensed health care practitioners and education, treatment, and appropriate law enforcement agencies regarding these trends;

((~~(19)~~)) (17) Enter into written agreements with all other state and federal agencies with any responsibility for controlling drug misuse, diversion, or abuse and with health maintenance organizations, health care service contractors, and health care providers to assist and promote coordination of agencies responsible for ensuring compliance with controlled substances laws and to monitor observance of these laws and cooperation between these agencies. The department of social and health services, the department of labor and industries, the department of licensing, and any other state agency including licensure disciplinary boards, shall refer all apparent instances of over-prescribing by practitioners and all apparent instances of legend drug overuse to the board. The board shall also encourage such referral by health maintenance organizations, health service contractors, and health care providers;

(18) Make available information obtained by the board of pharmacy pursuant to subsections (14) through (17) of this section to the governor's coordinating committee on substance abuse to assist in the control of substance abuse, or potential substance abuse, by youth.

NEW SECTION. Sec. 9. 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.