HOUSE BILL REPORT

HB 2385

BYRepresentatives 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

Majority Report:  The substitute bill be substituted therefor and the substitute bill do pass.  (11)

      Signed by Representatives Sayan, Chair; Scott, Vice Chair; Moyer, Ranking Republican Member; Tate, Assistant Ranking Republican Member; Anderson, Brekke, Hargrove, Leonard, Padden, Raiter and Winsley.

House Staff:John Welsh (786-7133)

AS REPORTED BY COMMITTEE ON HUMAN SERVICES FEBRUARY 1, 1990

BACKGROUND:

During the 1989 session, the Legislature enacted two separate bills amending the same statutes of the chemical dependency law. Changes appearing in one version did not appear in the other, leaving the status of these changes unclear.  These double amendments affect the definitions, references to obsolete terminology, authority governing license revocation, and adjudicative procedures.

There is no definition of "chemical dependency specialist" who performs commitment duties under the law.

While reference to "emergency treatment" was deleted in the 1989 law, one such reference remains.

Patient records maintained by treatment programs are confidential but can be disclosed if authorized by court order upon a showing of good cause.  However, federal law specifies conditions for disclosure of patient records and supersedes less restrictive state laws as a condition for receiving federal funds.

The Department of Social and Health Services has no clear authority to access patient records for the purpose of verifying eligibility and the appropriateness of reimbursement.

Alcohol and substance treatment services to eligible pregnant women under the state medical assistance program are funded with a specific reference to a 1989 bill.

SUMMARY:

SUBSTITUTE BILL:  The legislative changes to the chemical dependency law are reenacted to conform the provisions and terminology.  Definitions of "gravely disabled by alcohol and other drugs," "licensed physician," and "peace officer" are added to the definitions.

The definition of "chemical dependency specialist" is included as well.

References to "treatment facility" are conformed to the definition of "treatment program."  The department's authority to revoke licenses, and the provision of adjudicative proceedings in place of superior court jurisdiction are reenacted.

Persons, firms, and approved drug and alcohol treatment programs are obligated to conform to federal regulations governing the confidentiality of patient records.

The reference is deleted to the funding source of alcohol and substance abuse treatment services for pregnant women under the state medical assistance program.

SUBSTITUTE BILL COMPARED TO ORIGINAL:  Further technical amendments are added to the bill as follows,  treatment facilities are referenced as treatment programs, the department has access to treatment records for eligibility purposes, and the department has authority to revoke licenses.

Fiscal Note:      Not Requested.

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

House Committee ‑ Testified For:    Ken Stark, Department of Social and Health Services; and Jeff Larsen, Care Unit Hospital of Kirkland.

House Committee - Testified Against:      No one.

House Committee - Testimony For:    There is a need to clarify and conform the changes made to the chemical dependency laws due to the enactment of double amendments in 1989.  The passage of HB 1619, recodifying the chemical dependency laws, and HB 1793, the omnibus drug act, resulted in different amendments to the same sections.  Other technical changes need to be made as well for consistency of terminology.

House Committee - Testimony Against:      None.