2006 Legislation
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HOUSE BILL NO. 833 – Substance abuse prevention comm

HOUSE BILL NO. 833

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Bill Status



H0833.....................................................by WAYS AND MEANS
SUBSTANCE ABUSE - Amends, adds to and repeals existing law relating to
substance abuse; to define terms; to revise a definition; to remove a
provision relating to the designation of a State Substance Abuse Authority;
to create the Interagency Committee on Substance Abuse Prevention and
Treatment; to state the purpose of the interagency committee and to provide
membership and duties; to provide for meeting requirements; to provide for
sharing of interagency committee administrative costs; to establish
regional advisory committees that address substance abuse; to provide for
appointment to the regional advisory committees; to provide for meeting of
the regional advisory committee chairs; to provide for the selection of a
representative to the interagency committee; to provide reporting
requirements; to provide that the Department of Health and Welfare is
designated as the State Substance Abuse Authority; and to provide for the
interagency committee to advise the Department on the content of the
comprehensive program for treatment of alcoholics, intoxicated persons and
drug addicts.
                                                                        
03/17    House intro - 1st rdg - to printing
03/20    Rpt prt - to Health/Wel
03/23    Rpt out - rec d/p - to 2nd rdg
03/24    2nd rdg - to 3rd rdg
    Rls susp - PASSED - 57-12-1
      AYES -- Anderson, Andrus, Barraclough, Bastian, Bedke, Bell, Bilbao,
      Black, Block, Boe, Bolz, Brackett, Bradford, Cannon, Chadderdon,
      Clark, Collins, Crow, Deal, Denney, Edmunson, Ellsworth, Eskridge,
      Field(18), Field(23), Garrett, Henbest, Henderson, Jaquet, Kemp,
      Lake, LeFavour, Martinez, Miller, Mitchell, Moyle, Nielsen, Nonini,
      Pasley-Stuart, Pence, Raybould, Ring, Ringo, Roberts, Rusche, Sayler,
      Schaefer, Shepherd(2), Shirley, Skippen, Smith(30), Smith(24),
      Smylie, Snodgrass, Stevenson, Wills, Mr. Speaker
      NAYS -- Barrett, Bayer, Hart, Harwood, Loertscher, Mathews,
      McGeachin, McKague, Rydalch, Sali, Shepherd(8), Wood
      Absent and excused -- Trail
    Floor Sponsor - Henbest
    Title apvd - to Senate
03/27    Senate intro - 1st rdg - to Health/Wel
03/29    Rpt out - rec d/p - to 2nd rdg
03/30    2nd rdg - to 3rd rdg
    Rls susp - PASSED - 34-0-1
      AYES -- Andreason, Brandt, Broadsword, Bunderson, Burkett,
      Burtenshaw, Cameron, Coiner, Compton, Corder, Darrington, Davis,
      Fulcher, Gannon, Geddes, Goedde, Hill, Jorgenson, Kelly, Keough,
      Langhorst, Little, Lodge, Malepeai, Marley, McGee, McKenzie, Pearce,
      Richardson, Schroeder, Stegner, Stennett, Werk, Williams
      NAYS -- None
      Absent and excused -- Sweet
    Floor Sponsor - Keough
    Title apvd - to House
03/31    To enrol
04/03    Rpt enrol - Sp signed - Pres signed
04/04    To Governor
04/10    Governor signed
         Session Law Chapter 407
         Effective: 07/01/06; 07/01/11 Sunset Clause
         for Section 3 with provision of evaluation
         by Legislative Oversight Committee before
         1/01/11

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-eighth Legislature                   Second Regular Session - 2006
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 833
                                                                        
                                BY WAYS AND MEANS COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO SUBSTANCE ABUSE; AMENDING SECTION 39-302, IDAHO  CODE,  TO  DEFINE
  3        TERMS, TO REVISE A DEFINITION AND TO MAKE TECHNICAL CORRECTIONS; REPEALING
  4        SECTION  39-303,  IDAHO  CODE, RELATING TO THE DESIGNATION OF A STATE SUB-
  5        STANCE ABUSE AUTHORITY; AMENDING CHAPTER 3, TITLE 39, IDAHO CODE,  BY  THE
  6        ADDITION  OF  A  NEW SECTION 39-303, IDAHO CODE, TO CREATE THE INTERAGENCY
  7        COMMITTEE ON SUBSTANCE ABUSE PREVENTION AND TREATMENT, TO STATE  THE  PUR-
  8        POSE  OF  THE  INTERAGENCY COMMITTEE, TO PROVIDE FOR INTERAGENCY COMMITTEE
  9        MEMBERSHIP, TO PROVIDE FOR TRAVEL AND EXPENSE  REIMBURSEMENT,  TO  PROVIDE
 10        FOR INTERAGENCY COMMITTEE DUTIES, TO PROVIDE FOR INFORMATION REPORTING AND
 11        DISTRIBUTION  REQUIREMENTS AND PROCEDURES, TO PROVIDE FOR MEETING REQUIRE-
 12        MENTS AND PROCEDURES AND TO PROVIDE FOR SHARING OF  INTERAGENCY  COMMITTEE
 13        ADMINISTRATIVE  COSTS;  AMENDING SECTION 39-303A, IDAHO CODE, TO ESTABLISH
 14        REGIONAL ADVISORY COMMITTEES THAT ADDRESS SUBSTANCE ABUSE, TO PROVIDE  FOR
 15        APPOINTMENT  TO  THE  REGIONAL  ADVISORY COMMITTEES, TO REMOVE A PROVISION
 16        REGARDING INFORMATION TO BE PROVIDED TO A COMMISSION ON ALCOHOL  AND  DRUG
 17        ABUSE,  TO PROVIDE FOR MEETINGS OF THE REGIONAL ADVISORY COMMITTEE CHAIRS,
 18        TO PROVIDE FOR THE SELECTION OF A REPRESENTATIVE TO THE  INTERAGENCY  COM-
 19        MITTEE, TO PROVIDE FOR REPORTING REQUIREMENTS AND TO MAKE A TECHNICAL COR-
 20        RECTION;  AMENDING SECTION 39-304, IDAHO CODE, TO PROVIDE THAT THE DEPART-
 21        MENT OF HEALTH AND WELFARE IS DESIGNATED  AS  THE  STATE  SUBSTANCE  ABUSE
 22        AUTHORITY  AND  TO PROVIDE FOR INTERAGENCY COMMITTEE ADVICE TO THE DEPART-
 23        MENT ON THE CONTENT OF THE COMPREHENSIVE PROGRAM FOR TREATMENT OF ALCOHOL-
 24        ICS, INTOXICATED PERSONS AND DRUG ADDICTS; PROVIDING A  SUNSET  PROVISION;
 25        AND PROVIDING FOR AN EVALUATION TO BE PERFORMED.
                                                                        
 26    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 27        SECTION  1.  That  Section  39-302, Idaho Code, be, and the same is hereby
 28    amended to read as follows:
                                                                        
 29        39-302.  DEFINITIONS. As used in this chapter, the terms defined  in  this
 30    section  shall  have  the following meanings, unless the context clearly indi-
 31    cates another meaning:
 32        (1)  "Director" means the director of the Idaho department of  health  and
 33    welfare.
 34        (2)  "Department" means the Idaho department of health and welfare.
 35        (3)  "Drug  addict"  means a person who habitually lacks self-control with
 36    respect to the use of addictive drugs, or uses addictive drugs to  the  extent
 37    that his health is substantially impaired or endangered, or his social or eco-
 38    nomic functions are substantially disrupted.
 39        (4)  "Alcoholic"  means  a  person  who habitually lacks self-control with
 40    respect to the use of alcoholic beverages, or uses alcoholic beverages to  the
 41    extent  that his health is substantially impaired or endangered, or his social
 42    or economic functions are substantially disrupted.
 43        (5)  "Interagency committee" means the interagency committee on  substance
                                                                        
                                           2
                                                                        
  1    abuse prevention and treatment as provided for in section 39-303, Idaho Code.
  2        (6)  "Intoxicated  person"  means  a person whose mental or physical func-
  3    tioning is substantially impaired as a result of the use of drugs or alcohol.
  4        (67)  "Approved public treatment facility" means a treatment agency  oper-
  5    ating  under this act chapter through a contract with the department of health
  6    and welfare pursuant to section 39-304(6), Idaho Code, and meeting  the  stan-
  7    dards  prescribed  in  section 39-305(1), Idaho Code, and approved pursuant to
  8    section 39-305(3), Idaho Code, and rules and regulations  promulgated  by  the
  9    board of health and welfare pursuant to this act chapter.
 10        (78)  "Approved private treatment facility" means a private agency meeting
 11    the  standards prescribed in section 39-305(1), Idaho Code, and approved under
 12    the provisions of section 39-305(3), Idaho Code,  and  rules  and  regulations
 13    promulgated by the board of health and welfare pursuant to this act chapter.
 14        (89)  "Incapacitated by alcohol or drugs" means that a person, as a result
 15    of  the  use of alcohol or drugs, is unconscious or has his judgment otherwise
 16    so impaired that he is incapable of realizing and making a  rational  decision
 17    with respect to his need for treatment.
 18        (910) "Incompetent  person"  means a person who has been adjudged incompe-
 19    tent by an appropriate court within this state.
 20        (11) "Substance abuse" means the misuse or excessive  use  of  alcohol  or
 21    other drugs or substances.
 22        (12) "Treatment"  means the broad range of emergency, outpatient, interme-
 23    diate, and inpatient services and care, including diagnostic evaluation, medi-
 24    cal, psychiatric, psychological, and social service care, vocational rehabili-
 25    tation and career counseling, which may be extended to alcoholics and  intoxi-
 26    cated persons and/or drug addicts.
                                                                        
 27        SECTION  2.  That  Section  39-303, Idaho Code, be, and the same is hereby
 28    repealed.
                                                                        
 29        SECTION 3.  That Chapter 3, Title 39, Idaho Code,  be,  and  the  same  is
 30    hereby  amended by the addition thereto of a NEW SECTION, to be known and des-
 31    ignated as Section 39-303, Idaho Code, and to read as follows:
                                                                        
 32        39-303.  INTERAGENCY COMMITTEE ON SUBSTANCE ABUSE  PREVENTION  AND  TREAT-
 33    MENT.  (1) There is hereby created within the department of health and welfare
 34    the interagency committee on substance abuse  prevention  and  treatment.  The
 35    purpose  of  the  interagency  committee  is  to focus on statewide efforts to
 36    address substance abuse by assessing statewide needs, developing  a  statewide
 37    plan,  coordinating  efforts  of  all state entities that use public funds for
 38    efforts to address substance abuse, and advising these agencies on  needs  and
 39    strategies pertaining to services provided to address substance abuse.
 40        (2)  Membership of the interagency committee shall be:
 41        (a)  The  director  of  the  department  of  health  and  welfare,  or the
 42        director's designee;
 43        (b)  The director of the department of correction, or the director's  des-
 44        ignee;
 45        (c)  The  director  of  the  department  of  juvenile  corrections, or the
 46        director's designee;
 47        (d)  The superintendent of public  instruction,  or  the  superintendent's
 48        designee;
 49        (e)  The director of the Idaho state police, or the director's designee;
 50        (f)  The   director   of  the  Idaho  transportation  department,  or  the
 51        director's designee;
 52        (g)  The administrative director of the supreme court, or  the  director's
                                                                        
                                           3
                                                                        
  1        designee;
  2        (h)  The  chairperson  of  the  state  board of health and welfare, or the
  3        chair's designee;
  4        (i)  The chairperson of the board of correction, or the chair's designee;
  5        (j)  The chairperson of the board of juvenile corrections, or the  chair's
  6        designee;
  7        (k)  The  chairperson of the drug court and mental health court coordinat-
  8        ing committee established  under  section  19-5606,  Idaho  Code,  or  the
  9        chair's designee;
 10        (l)  The  chairperson  of  the senate health and welfare committee, or the
 11        chair's designee;
 12        (m)  The chairperson of the house of representatives  health  and  welfare
 13        committee, or the chair's designee;
 14        (n)  The  chairperson  of the senate judiciary and rules committee, or the
 15        chair's designee;
 16        (o)  The chairperson of the house of representatives judiciary, rules  and
 17        administration committee, or the chair's designee;
 18        (p)  The  chief  administrative  official of each other state governmental
 19        entity that expends funds to provide services to address substance  abuse,
 20        or that chief administrative official's designee;
 21        (q)  One  (1) representative of the regional advisory committees as deter-
 22        mined in section 39-303A, Idaho Code; and
 23        (r)  One (1) representative of the office of the governor as determined by
 24        the governor.
 25    Interagency committee members shall serve without additional compensation  but
 26    may  be  reimbursed  by  their  respective  entities for interagency committee
 27    related travel and expenses pursuant to chapter 20, title 67, Idaho Code.
 28        (3)  The duties of the interagency committee shall be to:
 29        (a)  Develop and annually update a statewide  plan  to  address  substance
 30        abuse;
 31        (b)  Exchange information on programs that address substance abuse;
 32        (c)  Identify  and  promote  opportunities  for coordination, cooperation,
 33        collaboration and elimination of service duplication among relevant  state
 34        entities;
 35        (d)  Monitor programs and evaluate outcomes;
 36        (e)  Identify state needs for addressing substance abuse;
 37        (f)  Review  and  assess  the  use of funds available to address substance
 38        abuse;
 39        (g)  Promote coordinated approaches  to  substance  abuse  prevention  and
 40        treatment;
 41        (h)  Research, share, discuss and promote the use of best practices; and
 42        (i)  Annually  report  to the legislature and governor prior to the begin-
 43        ning of the legislative session on the state's  efforts  to  address  sub-
 44        stance abuse, including descriptions of:
 45             (i)   The statewide need for services to address substance abuse;
 46             (ii)  The state's capacity to meet those identified needs;
 47             (iii) The  types  of substance abuse services being provided, and the
 48             groups and numbers of people served;
 49             (iv)  Which programs are effective in addressing substance abuse  and
 50             which are not; and
 51             (v)   An  overall  evaluation  of the state's efforts to address sub-
 52             stance abuse.
 53        (4)  Each state administrative agency that expends public funds to provide
 54    services to address substance abuse shall report semiannually  to  the  inter-
 55    agency committee, and shall include the following information:
                                                                        
                                           4
                                                                        
  1        (a)  The amount of moneys expended on programs or services to address sub-
  2        stance abuse;
  3        (b)  The  number of individuals served or the extent of services provided,
  4        by specific type of service;
  5        (c)  The number of individuals not served and/or placed on  waiting  lists
  6        for services, by specific type of service;
  7        (d)  The agency's overall capacity to provide specific types of services;
  8        (e)  The completion, dropout and relapse rates for treatment programs, and
  9        the relevant indicators for other services and programs;
 10        (f)  The average length of stay for individuals in each type of treatment
 11        program, or the average duration of other services and programs.
 12    The  interagency  committee shall establish procedures for collecting and com-
 13    piling the information required for these reports and the distribution of  the
 14    compiled information to all interagency committee members, the legislature and
 15    the governor.
 16        (5)  The  interagency  committee shall meet within three (3) months of the
 17    effective date of this act. The director of the department of health and  wel-
 18    fare  shall  coordinate  the scheduling of the initial meeting. At its initial
 19    meeting the interagency committee shall elect a  chairperson  from  among  its
 20    members, who shall serve a one (1) year term. A chairperson of the interagency
 21    committee  shall  be elected at each subsequent annual meeting. No interagency
 22    committee chairperson shall serve consecutive terms as chairperson and no sin-
 23    gle state agency or entity shall be represented in consecutive  terms  through
 24    the chair. Following the initial meeting, the interagency committee shall meet
 25    at  least  once  each  calendar quarter, or more frequently at the call of the
 26    chairperson. Public notice of each  interagency  committee  meeting  shall  be
 27    given  two  (2) weeks in advance thereof. Any interagency committee member may
 28    submit agenda items to be discussed at the interagency committee meetings.
 29        (6)  Each state administrative agency or entity with representation on the
 30    interagency committee shall share  in  providing  the  administrative  support
 31    required  by  the interagency committee. The allocation of administrative sup-
 32    port among the state administrative agencies represented  on  the  interagency
 33    committee shall be collectively determined by the chief administrative officer
 34    of each such agency and reassessed at least annually.
                                                                        
 35        SECTION  4.  That  Section 39-303A, Idaho Code, be, and the same is hereby
 36    amended to read as follows:
                                                                        
 37        39-303A.  REGIONAL ADVISORY COMMITTEES. (1) Regional  advisory  committees
 38    are that address substance abuse issues shall be established by the department
 39    of  health  and welfare. The regional advisory committees shall be composed of
 40    regional directors of the department or their  designees,  regional  substance
 41    abuse  program  staff,  a  member of the commission on alcohol-drug abuse, and
 42    representatives of other appropriate  public  and  private  agencies.  Members
 43    shall  be  appointed by the respective regional directors for terms determined
 44    by the regional director. The committees shall meet at least quarterly at  the
 45    call  of  the chair, who shall also be appointed by the regional director. The
 46    committees shall provide for the coordination of, and exchange of  information
 47    on,  all  programs relating to alcoholism and drug addiction, and shall act as
 48    liaison among the departments engaged in activities affecting  alcoholics  and
 49    intoxicated  persons.  The  regional  advisory committees shall provide to the
 50    commission on alcohol-drug abuse information  pertaining  to  local  substance
 51    abuse  program needs and other information as it pertains to the treatment and
 52    prevention of alcoholism and other drug addiction.
 53        (2)  The chairpersons of each regional advisory  committee  shall  collec-
                                                                        
                                           5
                                                                        
  1    tively meet at least annually and elect one (1) of its members to serve as the
  2    regional  advisory  committees'  representative  on the interagency committee.
  3    Each regional advisory committee shall provide to the regional  advisory  com-
  4    mittees'  representative,  before each regular meeting of the interagency com-
  5    mittee, a report addressing local substance  abuse  program  needs  and  other
  6    information  as  it pertains to the treatment and prevention of alcoholism and
  7    other drug addiction or as required by the chairperson of the interagency com-
  8    mittee. The regional advisory committees' representative shall be  responsible
  9    for  communicating  information  from these reports at each regular meeting of
 10    the interagency committee.
                                                                        
 11        SECTION 5.  That Section 39-304, Idaho Code, be, and the  same  is  hereby
 12    amended to read as follows:
                                                                        
 13        39-304.  COMPREHENSIVE  PROGRAM  FOR  TREATMENT.  The  Idaho department of
 14    health and welfare is hereby designated as the state substance  abuse  author-
 15    ity.
 16        (1) The department shall establish a comprehensive and coordinated program
 17    for  the  treatment  of  alcoholics, intoxicated persons and drug addicts. The
 18    interagency committee shall advise the department in the establishment and  in
 19    the content of this program.
 20        (2)  The program shall include:
 21        (a)  Emergency  detoxification  treatment  and  medical treatment directly
 22        related thereto provided by a facility affiliated with or part of the med-
 23        ical service of a general hospital;
 24        (b)  Inpatient treatment;
 25        (c)  Intermediate treatment;
 26        (d)  Outpatient and follow-up treatment; and
 27        (e)  Community detoxification provided by an approved facility.
 28        (3)  The department shall provide for adequate and  appropriate  treatment
 29    for  persons  admitted pursuant to section 39-307, Idaho Code. Treatment shall
 30    not be provided at a correctional institution except for inmates.
 31        (4)  The department shall maintain, supervise, and control all  facilities
 32    operated  by  it. The administrator of each such facility shall make an annual
 33    report of its activities to the director in the form and manner  the  director
 34    specifies.
 35        (5)  All  appropriate  public  and  private resources shall be coordinated
 36    with and utilized in the program whenever possible.
 37        (6)  The department shall prepare, publish and distribute annually a  list
 38    of all approved public and private treatment facilities.
 39        (7)  The  department  may  contract  for  the  use  of  any facility as an
 40    approved public treatment facility if the director considers  this  to  be  an
 41    effective and economical course to follow.
 42        (8)  The  program  shall include an individualized treatment plan prepared
 43    and maintained for each client.
                                                                        
 44        SECTION 6.  The provisions of Section 3 of this act shall  be  null,  void
 45    and  of  no  force and effect on and after July 1, 2011; provided however, the
 46    Joint Legislative Oversight Committee  shall  perform  an  evaluation  of  the
 47    interagency  committee's activities and continued relevance on or before Janu-
 48    ary 1, 2011.

Statement of Purpose / Fiscal Impact



                       STATEMENT OF PURPOSE

                             RS 16263

This proposed legislation seeks to establish a committee to focus
on statewide efforts to address substance abuse based on a
recommendation from the Office of Performance Evaluations.  The
committee will concentrate on analyzing services provided through
the relevant state agencies, assessing statewide needs,
developing a statewide plan, and coordinating efforts of
pertinent agencies.  The efforts of this committee will advise
state agencies on needs and strategies pertaining to services
provided, and annually inform the Legislature and the Governor
about the impacts and results of state efforts and about further
needs. 


                           FISCAL NOTE

Because it will draw from the existing staff and resources of the
pertinent state entities, this committee should not require any
new resources.  Minimal costs will be incurred through member
travel and related expenses, which will be reimbursed by their
respective state entity.  In addition, participating agencies may
have to direct some resources to track and compile the basic data
necessary for the committee to perform its functions effectively.





Contact
Name: Rep. Henbest 
Phone: 332-1000
Name: Sen. Keough
Phone: 332-1000


STATEMENT OF PURPOSE/FISCAL NOTE                         H 833