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HOUSE BILL NO. 60

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H0060........................................................by MR. SPEAKER
               Requested by Department of Health and Welfare
SUBSTANCE ABUSE - PREVENTION SERVICES - Amends existing law to expand
substance abuse prevention services; to establish regional substance abuse
authorities to replace the regional advisory committees; and to authorize a
fee for licensure.

01/11    House intro - 1st rdg - to printing
01/11    Rpt prt - to Health/Wel

Bill Text

H0060

                                                                        
 ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
Fifty-fifth Legislature                 First Regular Session - 1999
                                                                        

                             IN THE HOUSE OF REPRESENTATIVES

                                    HOUSE BILL NO. 60

                                      BY MR. SPEAKER
                      Requested by: Department of Health and Welfare

 1                                        AN ACT
 2    RELATING TO THE ALCOHOLISM AND INTOXICATION TREATMENT  ACT;  AMENDING  SECTION
 3        39-301,  IDAHO  CODE,  TO CLARIFY APPLICATION TO TREATMENT FOR DRUG ADDIC-
 4        TION; AMENDING SECTION 39-302, IDAHO CODE, TO FURTHER DEFINE TERMS; AMEND-
 5        ING SECTION 39-303, IDAHO CODE, TO STRIKE OBSOLETE  LANGUAGE  AND  CLARIFY
 6        THE  ROLE OF THE STATE SUBSTANCE ABUSE EXECUTIVE COUNCIL; AMENDING SECTION
 7        39-303A, IDAHO CODE, TO ESTABLISH REGIONAL SUBSTANCE ABUSE AUTHORITIES  TO
 8        REPLACE  ADVISORY  COMMITTEES AND TO SPECIFY THEIR PURPOSES; AMENDING SEC-
 9        TION 39-305, IDAHO CODE, TO  AUTHORIZE  A  FEE  FOR  APPROVAL  INSPECTION;
10        AMENDING SECTION 39-307, IDAHO CODE, TO CLARIFY AUTHORIZATION REQUIREMENTS
11        FOR  TREATMENT  OF  A  MINOR  OR INCOMPETENT PERSON; AND AMENDING SECTIONS
12        39-309 AND 39-311, IDAHO CODE, TO MAKE TECHNICAL CORRECTIONS.

13    Be It Enacted by the Legislature of the State of Idaho:

14        SECTION 1.  That Section 39-301, Idaho Code, be, and the  same  is  hereby
15    amended to read as follows:

16        39-301.  DECLARATION  OF POLICY. It is the policy of this state that alco-
17    holics, intoxicated persons or drug addicts may not be subjected  to  criminal
18    prosecution  or incarceration solely because of their consumption of alcoholic
19    beverages or addiction to drugs but rather should  be  afforded  treatment  in
20    order that they may lead normal lives as productive members of society.
21        The  legislature  hereby  finds  and  declares that it is essential to the
22    health and welfare of the people of this state that action be taken  by  state
23    government to effectively and economically utilize federal and state funds for
24    alcoholism  and drug addiction research, and the prevention and for the treat-
25    ment and rehabilitation of alcoholics or drug addicts. To achieve this, it  is
26    necessary that existing  fragmented, uncoordinated and duplicative 
27    alcoholism  and  drug  treatment  programs  be merged into a comprehensive and
28    integrated system for the prevention, treatment and rehabilitation of alcohol-
29    ics  and drug addicts .
30        The legislature continues to recognize the need for criminal sanctions for
31    those who violate the provisions of the uniform controlled substances act.

32        SECTION 2.  That Section 39-302, Idaho Code, be, and the  same  is  hereby
33    amended to read as follows:

34        39-302.  DEFINITIONS.  As  used in this chapter, the terms defined in this
35    section shall have the following meanings, unless the  context  clearly  indi-
36    cates another meaning:
37        (1)  "Director"  means  the director of the Idaho department of health and
38    welfare.
39        (2)  "Department" means the Idaho department of health and welfare.
40        (3)  "Drug addict" means a person who habitually lacks  self-control  with
41    respect  to  the use of addictive drugs, or uses addictive drugs to the extent


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 1    that his health is substantially impaired or endangered, or his social or eco-
 2    nomic functions are substantially disrupted.
 3        (4)  "Alcoholic" means a person who  habitually  lacks  self-control  with
 4    respect  to the use of alcoholic beverages, or uses alcoholic beverages to the
 5    extent that his health is substantially impaired or endangered, or his  social
 6    or economic functions are substantially disrupted.
 7        (5)  "Intoxicated  person"  means  a person whose mental or physical func-
 8    tioning is substantially impaired as a result of the use of drugs or  alcohol.
 9        (6)  "Approved public treatment facility" means a treatment agency operat-
10    ing under this act through a contract with the department of health  and  wel-
11    fare pursuant to section 39-304(6), Idaho Code, and meeting the standards pre-
12    scribed  in  section  39-305(1),  Idaho Code, and approved pursuant to section
13    39-305(3), Idaho Code, and rules  and regulations   promulgated  by
14    the board of health and welfare pursuant to this act.
15        (7)  "Approved  private treatment facility" means a private agency meeting
16    the standards prescribed in section 39-305(1), Idaho Code, and approved  under
17    the  provisions  of section 39-305(3), Idaho Code, and rules  and regula-
18    tions  promulgated by the board of health and welfare pursuant  to  this
19    act.
20        (8)  "Incapacitated  by  alcohol"  means that a person, as a result of the
21    use of alcohol or drugs, is unconscious  or  has  his  judgment  otherwise  so
22    impaired that he is incapable of realizing and making a rational decision with
23    respect to his need for treatment.
24        (9)  "Incompetent person" means a person who has been adjudged incompetent
25    by an appropriate court within this state.
26        (10) "Treatment"  means the broad range of emergency, outpatient, interme-
27    diate, and inpatient services and care, including diagnostic evaluation, medi-
28    cal, psychiatric, psychological, and social service care, vocational rehabili-
29    tation and career counseling, which may be extended to alcoholics and  intoxi-
30    cated persons and/or drug addicts.
31          (11) "Prevention  services"  means the range of activities and pro-
32    grams used to inform, educate, impart skills and provide appropriate referrals
33    in order to prevent alcohol and drug addiction. 

34        SECTION 3.  That Section 39-303, Idaho Code, be, and the  same  is  hereby
35    amended to read as follows:

36        39-303.  DESIGNATION OF STATE SUBSTANCE ABUSE AUTHORITY. The Idaho depart-
37    ment  of  health and welfare is hereby designated as the state substance abuse
38    authority.
39         (a)  The commission on  alcohol-drug  abuse  is  hereby  established
40    within  the  administrative direction of the department of health and welfare.
41    The commission shall consist of not more than fourteen (14) members  including
42    such  members  as may be appointed by the governor. All members shall serve at
43    the pleasure of the governor for terms of  three  (3)  years.  The  commission
44    shall  have  an  advisory  board comprised of such members as appointed by the
45    governor who shall serve at the pleasure of the governor for three (3)  years.
46    The  advisory  board shall be comprised of representatives from public health,
47    mental health, education, public welfare, corrections, transportation,  public
48    safety,  vocational  rehabilitation,  and other appropriate public and private
49    agencies with an interest in services related to alcohol and  drug  addiction.
50    Commission and advisory board members shall serve without compensation but may
51    be reimbursed for related travel and expense pursuant to chapter 20, title 67,
52    Idaho  Code.  The  commission shall meet at least quarterly at the call of the
53    chair. The commission shall provide for the coordination of, and  exchange  of


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 1    information  on,  all  programs relating to alcoholism and drug addiction, and
 2    shall act as a permanent liaison among the departments engaged  in  activities
 3    affecting  alcoholics and intoxicated persons and/or drug addicts. The commis-
 4    sion shall assist the director in formulating a comprehensive plan for preven-
 5    tion of alcoholism or drug addiction and for treatment of alcoholics,  intoxi-
 6    cated persons and drug addicts.
 7        (b)  In exercising its coordinating functions, the commission shall assure
 8    that:
 9        (1)  The  appropriate  agencies  provide  all  necessary  medical, social,
10        treatment, and educational services for  alcoholics,  intoxicated  persons
11        and  drug  addicts and for the prevention of alcoholism or drug addiction,
12        without unnecessary duplication of services;
13        (2)  The several agencies cooperate in the use of facilities  and  in  the
14        treatment of alcoholics, intoxicated persons and drug addicts; and
15        (3)  All agencies adopt approaches to the prevention of alcoholism or drug
16        addiction  and  the  treatment of alcoholics, intoxicated persons and drug
17        addicts consistent with the policy of this act.
18        (c)  The responsibilities of the commission shall be:
19        (1)  To address, through education and public awareness, conditions  lead-
20        ing to the abuse of alcohol and drugs;
21        (2)  To  be  informed  about alcohol-drug programs and services throughout
22        the state and to advise the governor regarding alternatives and solutions;
23        (3)  To provide advocacy functions pertaining  to  programs  and  services
24        related to alcohol-drug issues;
25        (4)  Under  the  administrative  direction of the department of health and
26        welfare, to apply for, accept, receive, disburse, expend,  and  carry  out
27        all responsibilities required, including monitoring and evaluation of fed-
28        eral,  state, or private moneys made available to the commission to accom-
29        plish, in whole or part, any of the coordinating purposes administered  by
30        this commission;
31        (5)  To provide advice and consultation in the development and implementa-
32        tion  of  improved  policies  for alcohol-drug programs or services in the
33        state, including judicial, education, employment,  rehabilitation,  social
34        services, medical and treatment; and
35        (6)  To present to the governor and legislative council on July 15 of each
36        year  a report on the commission's achievements and impact on alcohol-drug
37        services, programs and policies. 
38         The state substance abuse executive council  is  hereby  established
39    within  the  administrative direction of the department of health and welfare.
40    The council shall adopt appropriate bylaws in order to provide statewide stra-
41    tegic planning and systems oversight. 

42        SECTION 4.  That Section 39-303A, Idaho Code, be, and the same  is  hereby
43    amended to read as follows:

44        39-303A.  REGIONAL   ADVISORY COMMITTEES   SUBSTANCE ABUSE
45    AUTHORITIES . Regional  advisory committees    substance
46    abuse  authorities  are established composed of  regional directors
47    of the department or their designees, regional substance abuse program  staff,
48    a member of the commission on alcohol-drug abuse, and representatives of other
49    appropriate  public  and private agencies   persons from the treat-
50    ment, prevention, corrections, law enforcement and education professionals and
51    representatives of other appropriate public and provide agencies .  Mem-
52    bers  shall  be appointed by the regional director for terms determined by the
53    regional director. The  committees   regional substance  abuse


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 1    authorities  shall meet at least quarterly at the call of the chair, who
 2    shall  also be appointed by the regional director. The  committees 
 3     authorities shall have established bylaws,  shall provide for  the
 4    coordination of, and exchange of information on all programs relating to alco-
 5    holism  and  drug  addiction,  and  shall act as liaison among the departments
 6    engaged in activities affecting alcoholics and intoxicated persons.   The
 7    regional  advisory  committees shall provide to the commission on alcohol-drug
 8    abuse information pertaining to local substance abuse program needs and  other
 9    information  as  it pertains to the treatment and prevention of alcoholism and
10    other drug addiction   The purpose of the regional substance  abuse
11    authority shall be to ensure effective and efficient regional public substance
12    abuse prevention and treatment services in Idaho in partnership with the Idaho
13    department of health and welfare .

14        SECTION  5.  That  Section  39-305, Idaho Code, be, and the same is hereby
15    amended to read as follows:

16        39-305.  STANDARDS FOR PUBLIC AND PRIVATE TREATMENT FACILITIES -- ENFORCE-
17    MENT PROCEDURES -- PENALTIES. (1) The board of health and welfare shall estab-
18    lish standards for approved treatment facilities, which shall be met in  order
19    for  a  treatment  facility  to  be  approved as a public or private treatment
20    facility. The standards shall prescribe the health standards  to  be  met  and
21    standards  of treatment to be afforded patients  as well as standards for
22    the provision of prevention services. The board of health  and  welfare  shall
23    have  the  authority to charge a reasonable fee for the approval inspection of
24    public and private treatment facilities .
25        (2)  The department shall periodically inspect approved public and private
26    treatment facilities.
27        (3)  The department shall maintain a list of approved public  and  private
28    treatment facilities.
29        (4)  Each  approved  public and private treatment facility shall file with
30    the department any data, statistics, records, and information  the  department
31    reasonably  requires.  An  approved public or private treatment facility that,
32    without good cause, fails to furnish any data, statistics, records, or  infor-
33    mation  as  requested,  or  that  files  fraudulent  returns thereof, shall be
34    removed from the list of approved treatment facilities.
35        (5)  The board of health and welfare, after holding a  hearing,  may  sus-
36    pend,  revoke, limit, or restrict an approval, or refuse to grant an approval,
37    for failure to meet its standards.
38        (6)  A district court may restrain any violation of this act,  review  any
39    denial,  restriction,  or  revocation  of  approval,  and  grant  other relief
40    required to enforce its provisions.

41        SECTION 6.  That Section 39-307, Idaho Code, be, and the  same  is  hereby
42    amended to read as follows:

43        39-307.  VOLUNTARY  TREATMENT  OF ALCOHOLICS AND ADDICTS. (1) An alcoholic
44    or an addict may apply for voluntary treatment directly to any approved public
45    treatment facility. If the proposed patient is a minor or an incompetent  per-
46    son,  he,  a parent, legal guardian, or other legal representative  shall
47      may  make the application.
48        (2)  Subject to rules adopted by the board  of  health  and  welfare,  the
49    director  or  his  designee may determine who shall be admitted to an approved
50    public treatment facility.
51        (3)  If a patient receiving  inpatient  care  leaves  an  approved  public


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 1    treatment  facility,  he  shall be encouraged to consent to appropriate outpa-
 2    tient or intermediate treatment, and the department shall assist in  obtaining
 3    supportive services and residential facilities.
 4        (4)  If  a  patient leaves an approved public treatment facility, upon the
 5    recommendation of departmental staff, the  department  shall  make  reasonable
 6    provisions  for  his  transportation to another facility or to his home. If he
 7    has no home, he shall be assisted in  obtaining shelter. If the patient  is  a
 8    minor  or  an  incompetent person, the request for discharge from an inpatient
 9    facility shall be made by a parent, legal guardian, or other legal representa-
10    tive or by the minor or incompetent if he were the original applicant.

11        SECTION 7.  That Section 39-309, Idaho Code, be, and the  same  is  hereby
12    amended to read as follows:

13        39-309.  PAYMENT  FOR  TREATMENT  -- FINANCIAL ABILITY OF PATIENTS. (1) If
14    treatment is provided by an approved public treatment facility and the patient
15    has not paid the charge therefor, the department is entitled to any income  or
16    payment  received  by  the patient or to which he may be entitled for the ser-
17    vices rendered, and to any payment from any public or private source available
18    to the department because of the treatment provided to the patient.
19        (2)  A patient in an approved treatment facility, or  the  estate  of  the
20    patient, or a person obligated to provide for the cost of treatment and having
21    sufficient  financial  ability,  is  liable  to the department for the cost of
22    transportation, maintenance and treatment of the patient therein in accordance
23    with rates established by the department.
24        (3)  The board of health and welfare shall adopt rules   and  regula-
25    tions    governing  financial  ability  that take into consideration the
26    income, savings and other personal and real property of the person required to
27    pay, as well as any support being furnished by him to any person whom  he  may
28    be required by law to support.

29        SECTION  8.  That  Section  39-311, Idaho Code, be, and the same is hereby
30    amended to read as follows:

31        39-311.  RULES .   AND REGULATIONS.   The  board  of
32    health and welfare shall promulgate such rules  and regulations  as
33    are  deemed  necessary to carry out the provisions of this act, subject to the
34    provisions of chapter 52, title 67, Idaho Code.

Statement of Purpose / Fiscal Impact

                      STATEMENT  OF  PURPOSE
RS08461
The proposed amendments to the Alcoholism and Intoxication
Treatment Act will make it consistent with the existing structure
developed with community and citizen input to provide publicly
funded prevention and treatment services for alcoholism and
substance abuse.  These amendments recognize the establishment of
the regional substance abuse authorities replacing the more limited
advisory role of the regional advisory committees.  Prevention
services are defined.  Language establishing and referencing the
role of the Commission on Alcohol-Drug Abuse is eliminated to be
consistent with the abolishment of that body several years ago.

The amendments also allow the board of health and welfare to
establish a fee for licensure of approved facilities.  Current
rules provide for such fee without a statutory basis.

Other amendments provide clean up of statutory language consistent
with current usage.
FISCAL  IMPACT
No fiscal impact is anticipated.


CONTACT   
Name:          Roseanne Hardin
Agency:   Department of Health and Welfare
Phone:         334-5680

Statement of Purpose/Fiscal Impact                           H 6