BILL REQ. #: H-1162.1
| State of Washington | 62nd Legislature | 2011 Regular Session |
Read first time 01/27/11. Referred to Committee on Early Learning & Human Services.
AN ACT Relating to transferring certification responsibilities for chemical dependency treatment programs from the department of social and health services to the department of health; amending RCW 70.96A.020, 70.96A.020, 70.96A.090, 70.96A.090, 70.96A.095, 70.96A.240, and 70.96A.245; adding a new chapter to Title 70 RCW; creating new sections; providing effective dates; providing an expiration date; and prescribing penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1 The definitions in this section apply
throughout this chapter unless the context clearly requires otherwise.
(1) "Approved treatment program" means a discrete program of
chemical dependency treatment provided by a treatment program certified
by the department as meeting standards adopted under this chapter.
(2) "Chemical dependency" means:
(a) Alcoholism;
(b) Drug addiction; or
(c) Dependence on alcohol and one or more other psychoactive
chemicals, as the context requires.
(3) "Department" means the department of health.
(4) "Secretary" means the secretary of health.
(5) "Treatment program" means an organization, institution, or
corporation, public or private, engaged in the care, treatment, or
rehabilitation of people suffering from chemical dependency.
NEW SECTION. Sec. 2 The secretary shall:
(1) Issue a certification to any treatment program that:
(a) Submits payment of the fee established by the secretary;
(b) Submits a completed application that demonstrates the ability
to comply with the standards established for operating and maintaining
a treatment program in statute and rule; and
(c) Successfully completes the inspection requirements established
in section 3 of this act;
(2) Adopt rules establishing standards for treatment programs
applying to the department for certification as an approved treatment
program. The standards may concern the health standards to be met and
standards of services and treatment to be afforded patients;
(3) Develop an application form for applicants for a certification
to operate a treatment program or to renew a certification;
(4) Initiate investigations and enforcement actions for complaints
or other information regarding failure to comply with this chapter or
the standards and rules adopted under this chapter;
(5) Conduct inspections of facilities, including reviews of
treatment records and documents required to be maintained under this
chapter or rules adopted under this chapter;
(6) Establish fees for certification, certification renewal, and
other associated costs at an amount that is sufficient to defray the
costs of administering the program;
(7) Maintain and periodically publish a current list of approved
treatment programs; and
(8) Adopt any rules necessary to implement this chapter. When
considering the adoption of the initial rules, the secretary shall
consider those rules adopted by the department of social and health
services under chapter 70.96A RCW.
NEW SECTION. Sec. 3 (1)(a) The department shall inspect
applicants for an initial certification and inspect approved public and
private treatment programs according to an established schedule.
(b) A treatment program originally certified under chapter 70.96A
RCW applying for an initial certification renewal with the department
is subject to subsection (a) of this section.
(2) The department shall deem a public or private treatment program
to have met the inspection standards of this section if it submits
proof of accreditation by an organization that the department has
determined to have substantially equivalent standards to those of the
department. An inspection or survey conducted by an approved
accrediting organization may substitute for an inspection by the
department if:
(a) Within thirty days of learning the results of an inspection or
survey, the treatment program provides the department with documentary
evidence that the treatment program has been accredited as a result of
an inspection or survey and the date of the inspection or survey; and
(b) The treatment program has satisfactorily completed an
inspection by the department in the previous twelve months.
(3) Treatment programs shall make the written reports of
inspections or surveys conducted by an approved accrediting
organization available to the department inspectors during any
department inspection, upon request.
(4) Nothing in this section prohibits the department from
conducting an inspection at any time in the course of investigating a
complaint.
NEW SECTION. Sec. 4 (1) The secretary may deny, suspend, or
revoke the certification of any treatment program in any case in which
he or she finds the applicant or certified entity knowingly made a
false statement of material fact in the application for the
certification or any supporting data in any record required by this
chapter or matter under investigation by the department.
(2) The secretary shall investigate complaints concerning operation
of a treatment program without a certification. The secretary may
issue a notice of intention to issue a cease and desist order to any
person whom the secretary has reason to believe is engaged in the
uncertified operation of a treatment program. If the secretary makes
a written finding of fact that the public interest will be irreparably
harmed by delay in issuing an order, the secretary may issue a
temporary cease and desist order. The person receiving a temporary
cease and desist order must be provided an opportunity for a prompt
hearing. The temporary cease and desist order remains in effect until
further order of the secretary. Any person operating a treatment
program under this chapter without a certification is guilty of a
misdemeanor, and each day of operation of an uncertified treatment
program constitutes a separate offense.
(3) The secretary is authorized to deny, suspend, revoke, or modify
a certification or provisional certification in any case in which it
finds that there has been a failure or refusal to comply with the
requirements of this chapter or the standards or rules adopted under
this chapter. RCW 43.70.115 governs notice of a certification denial,
revocation, suspension, or modification and provides the right to an
adjudicative proceeding.
(4) Pursuant to chapter 34.05 RCW, the secretary may assess
monetary penalties of a civil nature not to exceed one thousand dollars
per violation.
NEW SECTION. Sec. 5 (1) No person or governmental unit of the
state of Washington, acting separately or jointly with any other person
or governmental unit may establish, maintain, or operate a treatment
program or advertise or represent itself as an approved treatment
program in this state without a certification issued by the department
under this chapter.
(2) Upon the expiration of an approved treatment program's
certification that was issued by the department of social and health
services under chapter 70.96A RCW, the approved treatment program shall
apply to the secretary for the renewal of the certification.
(3) Until July 1, 2013, the department shall recognize the
unexpired certification of a treatment program issued by the department
of social and health services.
NEW SECTION. Sec. 6 (1) Certification as an approved treatment
program is effective for one calendar year from the date of issuance of
the certificate. The certification must specify the types of services
provided by the approved treatment program that meet the standards
adopted under this chapter. Renewal of certification must be made in
accordance with this chapter for initial approval and in accordance
with the standards set forth in rules adopted by the secretary.
(2) Approved treatment programs may not provide chemical dependency
treatment services for which the approved treatment program has not
been certified. Approved treatment programs may provide services for
which approval has been sought and is pending, if approval for the
services has not been previously revoked or denied.
NEW SECTION. Sec. 7 (1) Each approved treatment program shall
file with the department on request, data, statistics, schedules, and
information the department reasonably requires. An approved treatment
program that without good cause fails to furnish any data, statistics,
schedules, or information as requested, or files fraudulent returns
thereof, may be removed from the list of approved treatment programs,
and its certification revoked or suspended.
(2) The department shall use the data provided in subsection (1) of
this section to evaluate each program that admits children to inpatient
treatment upon application of their parents. The evaluation must be
done at least once every twelve months. In addition, the department
shall randomly select and review the information on individual children
who are admitted on application of the child's parent for the purpose
of determining whether the child was appropriately placed into
treatment based on an objective evaluation of the child's condition and
the outcome of the child's treatment.
NEW SECTION. Sec. 8 Sections 1 through 7 of this act constitute
a new chapter in Title
Sec. 9 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 discrete program of
chemical dependency treatment provided by a treatment program certified
by either the department of health or the department of social and
health services as meeting standards adopted under this chapter or
chapter 70.--- RCW (the new chapter created in section 8 of this act).
(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.
Sec. 10 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 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)) health under chapter 70.--- RCW (the new
chapter created in section 8 of this act).
(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.
Sec. 11 RCW 70.96A.090 and 2005 c 70 s 2 are each amended to read
as follows:
(1) As of July 1, 2012, the department shall no longer issue new or
renewal certifications to treatment programs. This section only
applies to those approved treatment programs that the department had
certified prior to July 1, 2012.
(2) The department shall adopt rules establishing standards for
approved treatment programs, the process for the review and inspection
program applying to the department for certification as an approved
treatment program, and fixing the fees to be charged by the department
for the required inspections. The standards may concern the health
standards to be met and standards of services and treatment to be
afforded patients.
(((2))) (3) The department may suspend, revoke, limit, restrict, or
modify an approval, or refuse to grant approval, for failure to meet
the provisions of this chapter, or the standards adopted under this
chapter. RCW 43.20A.205 governs notice of a license denial,
revocation, suspension, or modification and provides the right to an
adjudicative proceeding.
(((3))) (4) No treatment program may advertise or represent itself
as an approved treatment program if approval has not been granted, has
been denied, suspended, revoked, or canceled.
(((4))) (5) Certification as an approved treatment program is
effective for one calendar year from the date of issuance of the
certificate. The certification shall specify the types of services
provided by the approved treatment program that meet the standards
adopted under this chapter. ((Renewal of certification shall be made
in accordance with this section for initial approval and in accordance
with the standards set forth in rules adopted by the secretary.)) (6) Approved treatment programs shall not provide alcoholism
or other drug addiction treatment services for which the approved
treatment program has not been certified. Approved treatment programs
may provide services for which approval has been sought and is pending,
if approval for the services has not been previously revoked or denied.
(5)
(((6))) (7) The department periodically shall inspect approved
public and private treatment programs at reasonable times and in a
reasonable manner.
(((7))) (8) The department shall maintain and periodically publish
a current list of approved treatment programs.
(((8))) (9) Each approved treatment program shall file with the
department on request, data, statistics, schedules, and information the
department reasonably requires. An approved treatment program that
without good cause fails to furnish any data, statistics, schedules, or
information as requested, or files fraudulent returns thereof, may be
removed from the list of approved treatment programs, and its
certification revoked or suspended.
(((9))) (10) The department shall use the data provided in
subsection (((8))) (9) of this section to evaluate each program that
admits children to inpatient treatment upon application of their
parents. The evaluation shall be done at least once every twelve
months. In addition, the department shall randomly select and review
the information on individual children who are admitted on application
of the child's parent for the purpose of determining whether the child
was appropriately placed into treatment based on an objective
evaluation of the child's condition and the outcome of the child's
treatment.
(((10))) (11) Upon petition of the department and after a hearing
held upon reasonable notice to the facility, the superior court may
issue a warrant to an officer or employee of the department authorizing
him or her to enter and inspect at reasonable times, and examine the
books and accounts of, any approved public or private treatment program
refusing to consent to inspection or examination by the department or
which the department has reasonable cause to believe is operating in
violation of this chapter.
(((11))) (12)(a) All approved opiate substitution treatment
programs that provide services to women who are pregnant are required
to disseminate up-to-date and accurate health education information to
all their pregnant clients concerning the possible addiction and health
risks that their opiate substitution treatment may have on their baby.
All pregnant clients must also be advised of the risks to both them and
their baby associated with not remaining on the opiate substitute
program. The information must be provided to these clients both
verbally and in writing. The health education information provided to
the pregnant clients must include referral options for the addicted
baby.
(b) The department shall adopt rules that require all opiate
treatment programs to educate all pregnant women in their program on
the benefits and risks of methadone treatment to their fetus before
they are provided these medications, as part of their addiction
treatment. The department shall meet the requirements under this
subsection within the appropriations provided for opiate treatment
programs. The department, working with treatment providers and medical
experts, shall develop and disseminate the educational materials to all
certified opiate treatment programs.
Sec. 12 RCW 70.96A.090 and 2005 c 70 s 2 are each amended to read
as follows:
(1) ((The department shall adopt rules establishing standards for
approved treatment programs, the process for the review and inspection
program applying to the department for certification as an approved
treatment program, and fixing the fees to be charged by the department
for the required inspections. The standards may concern the health
standards to be met and standards of services and treatment to be
afforded patients.)) All approved opiate substitution treatment programs that
provide services to women who are pregnant are required to disseminate
up-to-date and accurate health education information to all their
pregnant clients concerning the possible addiction and health risks
that their opiate substitution treatment may have on their baby. All
pregnant clients must also be advised of the risks to both them and
their baby associated with not remaining on the opiate substitute
program. The information must be provided to these clients both
verbally and in writing. The health education information provided to
the pregnant clients must include referral options for the addicted
baby.
(2) The department may suspend, revoke, limit, restrict, or modify
an approval, or refuse to grant approval, for failure to meet the
provisions of this chapter, or the standards adopted under this
chapter. RCW 43.20A.205 governs notice of a license denial,
revocation, suspension, or modification and provides the right to an
adjudicative proceeding.
(3) No treatment program may advertise or represent itself as an
approved treatment program if approval has not been granted, has been
denied, suspended, revoked, or canceled.
(4) Certification as an approved treatment program is effective for
one calendar year from the date of issuance of the certificate. The
certification shall specify the types of services provided by the
approved treatment program that meet the standards adopted under this
chapter. Renewal of certification shall be made in accordance with
this section for initial approval and in accordance with the standards
set forth in rules adopted by the secretary.
(5) Approved treatment programs shall not provide alcoholism or
other drug addiction treatment services for which the approved
treatment program has not been certified. Approved treatment programs
may provide services for which approval has been sought and is pending,
if approval for the services has not been previously revoked or denied.
(6) The department periodically shall inspect approved public and
private treatment programs at reasonable times and in a reasonable
manner.
(7) The department shall maintain and periodically publish a
current list of approved treatment programs.
(8) Each approved treatment program shall file with the department
on request, data, statistics, schedules, and information the department
reasonably requires. An approved treatment program that without good
cause fails to furnish any data, statistics, schedules, or information
as requested, or files fraudulent returns thereof, may be removed from
the list of approved treatment programs, and its certification revoked
or suspended.
(9) The department shall use the data provided in subsection (8) of
this section to evaluate each program that admits children to inpatient
treatment upon application of their parents. The evaluation shall be
done at least once every twelve months. In addition, the department
shall randomly select and review the information on individual children
who are admitted on application of the child's parent for the purpose
of determining whether the child was appropriately placed into
treatment based on an objective evaluation of the child's condition and
the outcome of the child's treatment.
(10) Upon petition of the department and after a hearing held upon
reasonable notice to the facility, the superior court may issue a
warrant to an officer or employee of the department authorizing him or
her to enter and inspect at reasonable times, and examine the books and
accounts of, any approved public or private treatment program refusing
to consent to inspection or examination by the department or which the
department has reasonable cause to believe is operating in violation of
this chapter.
(11)(a)
(((b))) (2) The department shall adopt rules that require all
opiate treatment programs to educate all pregnant women in their
program on the benefits and risks of methadone treatment to their fetus
before they are provided these medications, as part of their addiction
treatment. The department shall meet the requirements under this
subsection within the appropriations provided for opiate treatment
programs. The department, working with treatment providers and medical
experts, shall develop and disseminate the educational materials to all
certified opiate treatment programs.
Sec. 13 RCW 70.96A.095 and 1998 c 296 s 23 are each amended to
read as follows:
Any person thirteen years of age or older may give consent for
himself or herself to the furnishing of outpatient treatment by ((a))
an approved chemical dependency treatment program ((certified by the
department)). Parental authorization is required for any treatment of
a minor under the age of thirteen.
Sec. 14 RCW 70.96A.240 and 1998 c 296 s 26 are each amended to
read as follows:
(1) The parent of a minor is not liable for payment of inpatient or
outpatient chemical dependency treatment unless the parent has joined
in the consent to the treatment.
(2) The ability of a parent to apply to ((a certified)) an approved
treatment program for the admission of his or her minor child does not
create a right to obtain or benefit from any funds or resources of the
state. However, the state may provide services for indigent minors to
the extent that funds are available therefor.
Sec. 15 RCW 70.96A.245 and 1998 c 296 s 27 are each amended to
read as follows:
(1) A parent may bring, or authorize the bringing of, his or her
minor child to ((a certified)) an approved treatment program and
request that a chemical dependency assessment be conducted by a
professional person to determine whether the minor is chemically
dependent and in need of inpatient treatment.
(2) The consent of the minor is not required for admission,
evaluation, and treatment if the parent brings the minor to the
program.
(3) An appropriately trained professional person may evaluate
whether the minor is chemically dependent. The evaluation shall be
completed within twenty-four hours of the time the minor was brought to
the program, unless the professional person determines that the
condition of the minor necessitates additional time for evaluation. In
no event shall a minor be held longer than seventy-two hours for
evaluation. If, in the judgment of the professional person, it is
determined it is a medical necessity for the minor to receive inpatient
treatment, the minor may be held for treatment. The facility shall
limit treatment to that which the professional person determines is
medically necessary to stabilize the minor's condition until the
evaluation has been completed. Within twenty-four hours of completion
of the evaluation, the professional person shall notify the department
if the child is held for treatment and of the date of admission.
(4) No provider is obligated to provide treatment to a minor under
the provisions of this section. No provider may admit a minor to
treatment under this section unless it is medically necessary.
(5) No minor receiving inpatient treatment under this section may
be discharged from the program based solely on his or her request.
NEW SECTION. Sec. 16 (1) All powers, duties, and functions of
the department of social and health services pertaining to
certification of chemical dependency treatment programs are transferred
to the department of health. All references to the secretary or the
department of social and health services in the Revised Code of
Washington shall be construed to mean the secretary or the department
of health when referring to the functions transferred in this section.
(2)(a) All reports, documents, surveys, books, records, files,
papers, or written material in the possession of the department of
social and health services pertaining to the powers, functions, and
duties transferred shall be delivered to the custody of the department
of health. All cabinets, furniture, office equipment, motor vehicles,
and other tangible property employed by the department of social and
health services in carrying out the powers, functions, and duties
transferred shall be made available to the department of health. All
funds, credits, or other assets held in connection with the powers,
functions, and duties transferred shall be assigned to the department
of health.
(b) Any appropriations made to the department of social and health
services for carrying out the powers, functions, and duties transferred
shall, on the effective date of this section, be transferred and
credited to the department of health.
(c) Whenever any question arises as to the transfer of any
personnel, funds, books, documents, records, papers, files, equipment,
or other tangible property used or held in the exercise of the powers
and the performance of the duties and functions transferred, the
director of financial management shall make a determination as to the
proper allocation and certify the same to the state agencies concerned.
(3) All employees of the department of social and health services
engaged in performing the powers, functions, and duties transferred are
transferred to the jurisdiction of the department of health. All
employees classified under chapter 41.06 RCW, the state civil service
law, are assigned to the department of health to perform their usual
duties upon the same terms as formerly, without any loss of rights,
subject to any action that may be appropriate thereafter in accordance
with the laws and rules governing state civil service.
(4) All rules and all pending business before the department of
social and health services pertaining to the powers, functions, and
duties transferred shall be continued and acted upon by the department
of health. All existing contracts and obligations shall remain in full
force and shall be performed by the department of health.
(5) The transfer of the powers, duties, functions, and personnel of
the department of social and health services shall not affect the
validity of any act performed before the effective date of this
section.
(6) If apportionments of budgeted funds are required because of the
transfers directed by this section, the director of financial
management shall certify the apportionments to the agencies affected,
the state auditor, and the state treasurer. Each of these shall make
the appropriate transfer and adjustments in funds and appropriation
accounts and equipment records in accordance with the certification.
(7) All classified employees of the department of social and health
services assigned to the certification of chemical dependency treatment
programs under this section whose positions are within an existing
bargaining unit description at the certification of chemical dependency
treatment programs shall become a part of the existing bargaining unit
at the certification of chemical dependency treatment programs and
shall be considered an appropriate inclusion or modification of the
existing bargaining unit under the provisions of chapter 41.80 RCW.
NEW SECTION. Sec. 17 Sections 1 through 9, 11, and 13 through 16
of this act take effect July 1, 2012.
NEW SECTION. Sec. 18 Sections 9 and 11 of this act expire July
1, 2013.
NEW SECTION. Sec. 19 Sections 10 and 12 of this act take effect
July 1, 2013.
NEW SECTION. Sec. 20 The secretary of health may take the
necessary steps to ensure that this act is implemented on its effective
date.