HOUSE BILL REPORT

SHB 876

BYHouse Committee on Human Services (originally sponsored by Representatives Brough, Leonard, Scott, Allen, Brekke, Locke, Belcher, Patrick, Cole, Braddock, Rust, Lux and May)

Changing certification requirements for methadone treatment programs.

House Committe on Human Services

Majority Report:     The substitute bill be substituted therefor and the substitute bill do pass.  (8).

     Signed by Representatives Brekke, Chair; Scott; Vice Chair; Leonard, Moyer, H. Sommers, Sutherland, Wang and Winsley.

Minority Report:     Do not pass.  (1)

     Signed by Representative Padden.

House Staff:John B. Welsh, Jr.  (786-7133)

AS PASSED HOUSE MARCH 16, 1987

BACKGROUND:

The Department of Social and Health Services was required in 1986 to establish statewide treatment standards for methadone treatment centers operating in this state.  The Department of Social and Health Services is authorized to certify programs complying with these standards, but county legislative authorities could prohibit their operation within the county.  Counties may also license treatment programs and limit the number on a population basis but not less than the number certified as of March 12, 1986.

SUMMARY:

Methadone is declared as an addictive substance but important for drug treatment of persons addicted or habituated to opioids.  The state declares its right to regulate the clinical uses of methadone treatment, but that there is no fundamental right to methadone treatment.

The Department of Social and Health Services is required to establish statewide operating standards no later than August 1, 1987 and report to the legislature prior to 1988.

County legislative authorities are authorized to license methadone treatment programs or to prohibit them.  Counties licensing programs must limit their number and monitor them for compliance with standards developed by the department.  Counties are required to adopt licensing standards consistent with the departmental standards. All programs must comply with operating standards within 90 days after adoption or 90 days after August 1, 1987, whichever is earlier.  Counties are also required to give preference to programs existing on the effective date of this act for licensure.  There is a limit on the number of clients a methadone program may serve set at 350, but programs currently exceeding this limit may reduce their caseload by attrition.

Discrimination on the basis of corporate status is prohibited in certification by the Department of Social and Health Services or licensing by the counties.  Programs denied licenses or certifications must be given written notice of rationale.

EFFECT OF SENATE AMENDMENT(S):  The goal of methadone treatment is declared to be drug-free living for individuals participating in the treatment program.  Counties may either operate methadone treatment programs directly through local health departments or health districts, or authorize certified programs.  A new section is inserted into Chapter 69.54 RCW instead of Chapter 69.50 RCW consistent with the rest of the act.

Fiscal Note:    Attached.

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

House Committee ‑ Testified For:     Representative Jean Marie Brough, Bill Sponsor; Hank Curran, Sea Tac Mall; Glen Miller, Bureau of Alcohol and Substance Abuse; Mike Martin, Business Owner, Puyallup; Rocky Rockwell, Secoma Lanes, Inc., Federal Way, Washington; Phil Showstead, King County; Donna Nolan, King County Police and Rob Rueber, Evergreen Industrial Park, Federal Way, Washington.

House Committee - Testified Against: Dr. Robert Kahn, Western Clinical Services, Inc.; Carol Weaver, Sandra Bossett, Billie Bergin, William Hora, Christine Doyle, Galen Rogers, and Denise Cannon, all clients of Western Clinical Services, Inc.; Michael Tretton, Citizen; Richard Reid, Citizen; John Cotton, Citizen; Mark Flajole, Citizen and Robert Bear, Citizen.  (Submitted written testimony: Steven Downing, Lonnie McIntire, Linda Colvin and Lorice Russell)

House Committee - Testimony For:     Methadone is a dangerous and addictive drug but an important one in the treatment of heroine addicts.  As such, its use in treatment should be carefully regulated.  The state should have the authority to establish operating standards, and counties should have the authority to not only license methadone treatment programs but prohibit them, to limit their number and monitor them for compliance with state treatment and operating standards.  Methadone treatment should not be a fundamental right, but conditioned upon appropriate standards of treatment.

House Committee - Testimony Against: This bill will authorize counties to limit absolutely the number of patients who can receive methadone treatment down to zero, even for those persons who need treatment and can pay for it.  Considering the additional problems associated with injected heroine use, such as AIDS, hepatitis and criminal activity, methadone treatment should be encouraged, not discouraged.  The bill introduces a further layer of regulation on the methadone treatment at the county level, in addition to state and federal regulation, and pits counties against each other.  Patients not able to receive treatment in their own county will stream to programs in other counties.  The Department of Social and Health Services is now required to adopt operating, including zoning, standards in addition to treatment standards.