5048-S.E AMH STOK MERE 489

ESSB 5048 - H AMD TO H AMD (H-2540.1/17) 385

By Representative Stokesbary

SCOPE AND OBJECT 03/30/2017

    On page 105, line 18, increase the general fund state appropriation for fiscal year 2018 by $100,000

    On page 106, line 12, correct the total.

    On page 113, after line 3, insert the following:

    "(33) $100,000 of the general fund--state appropriation for fiscal year 2018 is provided solely for the department to implement rules by December 31, 2017 regarding the siting and operation of safe-injection sites that allow the consumption or injection of federally regulated illegal controlled substances, except those substances that a person may lawfully possess under state law.

    (a) The rules implemented by the department must have provisions that prohibit safe-injection sites operated within one mile of any elementary or secondary school, playground, recreation center or facility, child care center, public park, public transit center, library, game arcade, or any facility where children are likely to be present. 

    (b) The rules must require that:

    (i) Upon each visit to an injection site and prior to any injections, a person must undergo at least one hour of drug counseling by a certified chemical dependency professional; the drug counselor must meet the certification requirements pursuant to chapter 246-811 WAC;

    (ii) The sites maintain an appropriate supply of drugs that prevent the effects of the illegal substance, help cure opioid substance abuse disorder, and that block the effects of the drug in the event of an overdose;

    (iii) The sites meet minimum staffing ratios of at least two health professionals per visitor, one of whom must be a physician; and

    (iv) Staff be allowed to take uninterrupted meal and rest periods that are not intermittent and that staff may not be required to work overtime.

    (c)  The rules must require bi-weekly reporting to the department regarding the number of individuals served, the services provided, and the cost of providing such services, including an apportionment of all reasonable operating expenses per person served.  The report must also include the outcomes of the service, such as whether the person served returned for an injection or for other services, the number of instances where naloxone was administered, and the number of fatalities at the site.

    (d) The rules may not allow for any existing-use exemptions.

    (e)  The rules must provide for penalties for violation of the provisions regarding the siting and the operational requirements specified by the department.

    (f) The department has authority to adopt emergency rules to implement the requirements of this subsection."

EFFECT:    Requires the Department of Health (DOH) to implement rules by December 31, 2017 regarding the siting and operation of safe-injection sites, and the DOH is authorized to engage in emergency rulemaking.  The rules must address the specified on-site counseling, staffing, and reporting requirements.  The DOH may not exempt sites already in existence on the effective date of the rules, and the rules must provide for penalties, upon violation.

FISCAL IMPACT:

           Increases General Fund - State by $100,000.

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