SENATE BILL REPORT

SHB 2385

BYHouse Committee on Human Services (originally sponsored by Representatives Sayan, Moyer and Winsley; by request of Department of Social and Health Services)

Making technical changes to alcohol and drug treatment laws.

House Committe on Human Services

Senate Committee on Health & Long-Term Care

Senate Hearing Date(s):February 21, 1990

Majority Report:  Do pass.

      Signed by Senators West, Chairman; Smith, Vice Chairman; Amondson, Johnson, Kreidler, Niemi, Wojahn.

Senate Staff:Gregory M. Miller (786-7784)

                  February 22, 1990

AS REPORTED BY COMMITTEE ON HEALTH & LONG-TERM CARE, FEBRUARY 21, 1990

BACKGROUND:

A partial veto to SSB 5469 (1989 Laws Ch. 162) left ambiguity regarding the confidentiality of records of persons receiving treatment for alcohol or drug abuse.  Drug and alcohol treatment laws (Ch. 70.96A RCW) were amended in 1989 (1989 Laws Chapters 175, 270, and 271).  This resulted in double amendments to the definition section and the section requiring the department to adopt standards for both treatment facilities and treatment programs. 

SUMMARY:

All alcohol and drug abuse patients and their records are protected under the federal regulations for confidentiality.  These regulations apply to all such programs approved by the department.

The term "county alcoholism specialist" is replaced with "designated chemical dependency specialist" which is defined as a person designated to perform commitment duties for alcohol or drug dependency.  "Gravely disabled by alcohol or other drugs" is added and defined as a person in danger of serious physical harm from either a failure to provide for essential human needs or a severe deterioration in routine functioning.  "Licensed physician" is added and defined as persons licensed to practice medicine or osteopathy in the state.  "Peace officer" is added and defined as a law enforcement official of a public agency or governmental unit.

The definition of "treatment facility" is deleted.

Designated chemical dependency specialists determine whether a person is gravely disabled by alcohol or other drugs and should be committed to a treatment facility.  They also participate in the commitment proceedings rather than the "person in charge of treatment facility."

Technical changes replace treatment "facilities" with treatment "programs" and make procedural modifications consistent with the new Administrative Procedure Act.

Language referencing a specific bill is deleted so any moneys appropriated for alcohol and substance abuse treatment for pregnant women may be used to pay for such treatment as part of "support services."

Appropriation:    none

Revenue:    none

Fiscal Note:      available

Effective Date:The bill contains an emergency clause and takes effect immediately.

Senate Committee - Testified: Ken Stark, DSHS (pro); Jeff Larsen, Care Unit Hospital of Kirkland (pro)