AN ACT Relating to
methadone treatment; and amending RCW 70.96A.400, 70.96A.410, and 70.96A.420.
BE IT ENACTED BY THE
LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. RCW 70.96A.400 and 1989
c 270 s 20 are each amended to read as follows:
The state of Washington
declares that there is no fundamental right to ((methadone)) opiate
substitution treatment. The state of Washington further declares that
while methadone ((is an)) and other like pharmacological drugs, used
in the treatment of opiate dependency are addictive substances, that
((it)) they nevertheless ((has)) have several
legal, important, and justified uses and that one of ((its)) their
appropriate and legal uses is, in conjunction with other required therapeutic
procedures, in the treatment of persons addicted to or habituated to opioids.
Because methadone ((is))
and other like pharmacological drugs, used in the treatment of opiate
dependency are addictive and ((is)) are listed as a schedule
II controlled substance in chapter 69.50 RCW, the state of Washington and
authorizing counties on behalf of their citizens have the legal obligation and
right to regulate the use of ((methadone)) opiate substitution
treatment. The state of Washington declares its authority to control and
regulate carefully, in cooperation with the authorizing counties, all clinical
uses of methadone and other pharmacological drugs used in the treatment
of ((opium)) opiate addiction.
Further, the state
declares that the primary goal of ((methadone)) opiate
substitution treatment is ((drug-free living)) total abstinence
from chemical dependency for the individuals who participate in the
treatment program. The state recognizes that a small percentage of persons
who participate in opiate substitute treatment programs require treatment for
an extended period of time. Opiate substitution treatment programs shall
provide a comprehensive transition program to eliminate chemical dependency;
including opiate and opiate substitute addiction of program participants.
Sec. 2. RCW 70.96A.410 and 1989
c 270 s 21 are each amended to read as follows:
(1) A county
legislative authority may prohibit ((methadone)) opiate substitution
treatment in that county. The department shall not certify ((a methadone))
an opiate substitution treatment program in a county where the county
legislative authority has prohibited ((methadone)) opiate
substitution treatment. If a county legislative authority authorizes ((methadone))
opiate substitution treatment programs, it shall limit by ordinance the
number of ((methadone)) opiate substitution treatment programs
operating in that county by limiting the number of licenses granted in that
county. If a county has authorized ((methadone)) opiate substitution
treatment programs in that county, it shall only license ((methadone)) opiate
substitution treatment programs that comply with the department's operating
and treatment standards under this section and RCW 70.96A.420. A county that
authorizes ((methadone)) opiate substitution treatment may
operate the programs directly or through a local health department or health
district or it may authorize certified ((methadone)) opiate
substitution treatment programs that the county licenses to provide the
services within the county. Counties shall monitor ((methadone)) opiate
substitution treatment programs for compliance with the department's
operating and treatment regulations under this section and RCW 70.96A.420.
(2) A county that
authorizes ((methadone)) opiate substitution treatment programs
shall develop and enact by ordinance licensing standards, consistent with this
chapter and the operating and treatment standards adopted under this chapter,
that govern the application for, issuance of, renewal of, and revocation of the
licenses. Certified programs existing before May 18, 1987, applying for
renewal of licensure in subsequent years, that maintain certification and meet
all other requirements for licensure, shall be given preference.
(3) In certifying programs,
the department shall not discriminate against ((a methadone)) an
opiate substitution treatment program on the basis of its corporate
structure. In licensing programs, the county shall not discriminate against ((a
methadone)) an opiate substitution treatment program on the basis of
its corporate structure.
(4) A program applying
for certification from the department and a program applying for a contract
from a state agency that has been denied the certification or contract shall be
provided with a written notice specifying the rationale and reasons for the
denial. A program applying for a license or a contract from a county that has
been denied the license or contract shall be provided with a written notice
specifying the rationale and reasons for the denial.
(5) A license is
effective for one calendar year from the date of issuance. The license shall
be renewed in accordance with the provisions of this section for initial
approval ((and in accordance with)); the goals for treatment programs
under RCW 70.96A.400; the standards set forth in RCW 70.96A.420; and the
rules adopted by the secretary.
(6) For the purpose
of this chapter, opiate substitution treatment means dispensing an opiate
substitution drug approved by the Federal Drug Administration for the treatment
of opiate addiction and providing a comprehensive range of medical and
rehabilitative services.
Sec. 3. RCW 70.96A.420 and 1989
c 270 s 22 are each amended to read as follows:
(1) The department, in
consultation with ((methadone)) opiate substitution treatment
service providers and counties authorizing ((methadone)) opiate substitution
treatment programs, shall establish state-wide treatment standards for ((methadone))
opiate substitution treatment programs. The department and counties
that authorize ((methadone)) opiate substitution treatment
programs shall enforce these treatment standards. The treatment standards
shall include, but not be limited to, reasonable provisions for all appropriate
and necessary medical procedures, counseling requirements, urinalysis, and
other suitable tests as needed to ensure compliance with this chapter ((and
the treatment standard authorized by this chapter)). A ((methadone))
opiate substitution treatment program shall not have a caseload in
excess of three hundred fifty persons.
(2) The department, in
consultation with ((methadone)) opiate substitution treatment
programs and counties authorizing ((methadone)) opiate substitution
treatment programs, shall establish state-wide operating standards for ((methadone))
opiate substitution treatment programs. The department and counties
that authorize ((methadone)) opiate substitution treatment
programs shall enforce these operating standards. The operating standards
shall include, but not be limited to, reasonable provisions necessary to enable
the department and authorizing counties to monitor certified and licensed ((methadone))
opiate substitution treatment programs for compliance with this chapter
and the treatment standards authorized by this chapter and to minimize the
impact of the ((methadone)) opiate substitution treatment
programs upon the business and residential neighborhoods in which the program
is located.
(3) The department
shall establish criteria for evaluating the compliance of opiate substitute
treatment programs with the goals and standards established under this chapter.
As a condition of certification, opiate substitution programs shall submit an
annual report to the department and county legislative authority, including
data as specified by the department necessary for outcome analysis. The
department shall analyze and evaluate the data submitted by each treatment
program and take corrective action where necessary to ensure compliance with
the goals and standards enumerated under this chapter. Before January 1 of
each year, the department shall submit an annual report to the legislature,
including the outcome analysis of each treatment program.
