Print Friendly HOUSE BILL NO. 60 – Substance abuse/prevention services
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
|||| 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
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
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
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
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
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
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
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
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
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.
No fiscal impact is anticipated.
Name: Roseanne Hardin
Agency: Department of Health and Welfare
Statement of Purpose/Fiscal Impact H 6