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H0508.................................................by HEALTH AND WELFARE
SUBSTANCE ABUSE TREATMENT - Amends existing law to revise elements for the
comprehensive program for treatment of alcohol and drug abusers; to revise
elements for Board of Health and Welfare rules for treatment programs for
alcohol and drug abusers; and to revise elements of voluntary treatment
programs for alcohol and drug abusers.
02/11 House intro - 1st rdg - to printing
02/12 Rpt prt - to Health/Wel
02/15 Rpt out - rec d/p - to 2nd rdg
02/18 2nd rdg - to 3rd rdg
02/20 3rd rdg - PASSED - 62-0-8
AYES -- Anderson, Andrus, Barrett, Bayer, Bell, Bilbao, Black, Block,
Bock, Boe, Bolz, Bowers, Bradford, Chadderdon, Chavez, Chew, Clark,
Collins, Crane, Durst, Eskridge, Hagedorn, Hart, Harwood,
Henbest(Burgoyne), Henderson, Jaquet, Killen, King, Kren, LeFavour,
Loertscher, Luker, Marriott, Mathews, McGeachin, Mortimer, Moyle,
Nielsen, Nonini, Pasley-Stuart, Pence, Raybould, Ringo, Ruchti,
Rusche, Sayler, Schaefer, Shepherd(02), Shepherd(08), Shirley,
Shively, Smith(24), Smith(30)(Stanek), Stevenson, Thayn, Thomas,
Vander Woude, Wills, Wood(27), Wood(35), Mr. Speaker
NAYS -- None
Absent and excused -- Bedke, Brackett, Labrador, Lake, Patrick,
Roberts, Snodgrass, Trail
Floor Sponsor - Block
Title apvd - to Senate
02/21 Senate intro - 1st rdg - to Health/Wel
02/26 Rpt out - rec d/p - to 2nd rdg
02/27 2nd rdg - to 3rd rdg
03/04 3rd rdg - PASSED - 33-0-2
AYES -- Andreason, Bair, Bastian, Bilyeu, Broadsword, Burkett,
Cameron, Coiner, Corder, Darrington, Davis, Fulcher, Geddes, Goedde,
Hammond, Heinrich, Hill, Kelly, Keough, Langhorst, Little, Lodge,
Malepeai(Sagness), McGee, McKague, McKenzie, Pearce, Richardson,
Schroeder, Siddoway, Stegner, Stennett, Werk
NAYS -- None
Absent and excused -- Gannon, Jorgenson
Floor Sponsor - Lodge
Title apvd - to House
03/05 To enrol
03/06 Rpt enrol - Sp signed
03/07 Pres signed
03/10 To Governor
03/14 Governor signed
Session Law Chapter 94
Effective: 07/01/08
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-ninth Legislature Second Regular Session - 2008IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 508 BY HEALTH AND WELFARE COMMITTEE 1 AN ACT 2 RELATING TO SUBSTANCE ABUSE; AMENDING SECTION 39-302, IDAHO CODE, TO FURTHER 3 DEFINE TERMS AND TO ALPHABETIZE DEFINITIONS; AMENDING SECTION 39-304, 4 IDAHO CODE, TO REVISE ELEMENTS FOR THE COMPREHENSIVE PROGRAM FOR TREAT- 5 MENT; AMENDING SECTION 39-306, IDAHO CODE, TO REVISE ELEMENTS FOR BOARD OF 6 HEALTH AND WELFARE RULES FOR TREATMENT PROGRAMS; AND AMENDING SECTION 7 39-307, IDAHO CODE, TO REVISE ELEMENTS OF VOLUNTARY TREATMENT PROGRAMS AND 8 TO MAKE A TECHNICAL CORRECTION. 9 Be It Enacted by the Legislature of the State of Idaho: 10 SECTION 1. That Section 39-302, Idaho Code, be, and the same is hereby 11 amended to read as follows: 12 39-302. DEFINITIONS. As used in this chapter, the terms defined in this 13 section shall have the following meanings, unless the context clearly indi- 14 cates another meaning: 15 (1) "Addiction" or "alcoholism" means a primary, chronic, neurobiological 16 disease with genetic, psychosocial and environmental factors influencing its 17 development and manifestations. It is characterized by behaviors that include 18 one (1) or more of the following: impaired control over drug or alcohol use, 19 compulsive use, continued use despite harm, and craving. 20 (2) "Alcoholic" means a person who has the disease of alcoholism, which 21 is characterized by behaviors that include one (1) or more of the following: 22 impaired control over alcohol use, compulsive use, continued use despite harm, 23 and craving. 24 (3) "Approved private treatment facility" means a private agency meeting 25 the standards prescribed in section 39-305(1), Idaho Code, and approved under 26 the provisions of section 39-305(3), Idaho Code, and rules promulgated by the 27 board of health and welfare pursuant to this chapter. 28 (4) "Approved public treatment facility" means a treatment agency operat- 29 ing under the provisions of this chapter through a contract with the depart- 30 ment of health and welfare pursuant to section 39-304(7), Idaho Code, and 31 meeting the standards prescribed in section 39-305(1), Idaho Code, and 32 approved pursuant to section 39-305(3), Idaho Code, and rules promulgated by 33 the board of health and welfare pursuant to this chapter. 34 (5) "Department" means the Idaho department of health and welfare. 35 (6) "Director" means the director of the Idaho department of health and 36 welfare. 37(2) "Department" means the Idaho department of health and welfare.38 (37) "Drug addict" means a person whohabitually lacks self-control with39respect to the use of addictive drugs, or uses addictive drugs to the extent40that his health is substantially impaired or endangered, or his social or eco-41nomic functions are substantially disruptedhas the disease of addiction, 42 which is characterized by behaviors that include one (1) or more of the fol- 43 lowing: impaired control over drug use, compulsive use, continued use despite 2 1 harm, and craving. 2 (8) "Incapacitated by alcohol or drugs" means that a person, as a result 3 of the use of alcohol or drugs, is unconscious or has his judgment otherwise 4 so impaired that he is incapable of realizing and making a rational decision 5 with respect to his need for treatment. 6 (9) "Incompetent person" means a person who has been adjudged incompetent 7 by an appropriate court within this state. 8(4) "Alcoholic" means a person who habitually lacks self-control with9respect to the use of alcoholic beverages, or uses alcoholic beverages to the10extent that his health is substantially impaired or endangered, or his social11or economic functions are substantially disrupted.12 (510) "Interagency committee" means the interagency committee on substance 13 abuse prevention and treatment as provided for in section 39-303, Idaho Code. 14 (611) "Intoxicated person" means a person whose mental or physical func- 15 tioning is substantially impaired as a result of the use of drugs or alcohol. 16(7) "Approved public treatment facility" means a treatment agency operat-17ing under this chapter through a contract with the department of health and18welfare pursuant to section 39-304(6), Idaho Code, and meeting the standards19prescribed in section 39-305(1), Idaho Code, and approved pursuant to section2039-305(3), Idaho Code, and rules promulgated by the board of health and wel-21fare pursuant to this chapter.22(8) "Approved private treatment facility" means a private agency meeting23the standards prescribed in section 39-305(1), Idaho Code, and approved under24the provisions of section 39-305(3), Idaho Code, and rules promulgated by the25board of health and welfare pursuant to this chapter.26(9) "Incapacitated by alcohol or drugs" means that a person, as a result27of the use of alcohol or drugs, is unconscious or has his judgment otherwise28so impaired that he is incapable of realizing and making a rational decision29with respect to his need for treatment.30(10) "Incompetent person" means a person who has been adjudged incompetent31by an appropriate court within this state.32 (12) "Recovery support services" means those ancillary, nonclinical ser- 33 vices needed for a client to maintain substance abuse or addiction recovery. 34 These services may include transportation, childcare, drug testing, safe and 35 sober housing and care management. 36 (113) "Substance abuse" means the misuse or excessive use of alcohol or 37 other drugs or substances. 38 (124) "Treatment" means the broad range of emergency, outpatient,interme-39diateintensive outpatient, and inpatient services and care, including diag- 40 nostic evaluation, medical, psychiatric, psychological, and social service 41 care, vocational rehabilitation and career counseling, which may be extended 42 to alcoholics and intoxicated persons and/or drug addicts. 43 SECTION 2. That Section 39-304, Idaho Code, be, and the same is hereby 44 amended to read as follows: 45 39-304. COMPREHENSIVE PROGRAM FOR TREATMENT. The Idaho department of 46 health and welfare is hereby designated as the state substance abuse author- 47 ity. 48 (1) The department shall establish a comprehensive and coordinated program 49 for the treatment of alcoholics, intoxicated persons and drug addicts. The 50 interagency committee shall direct the department in the establishment and in 51 the content of this program. 52 (2) The program shall include: 53 (a) Emergency detoxification treatment and medical treatment directly 3 1 related thereto provided by a facility affiliated with or part of the med- 2 ical service of a general hospital; 3 (b) Inpatient treatment; 4 (c)IntermediateIntensive outpatient treatment; 5 (d) Outpatientand follow-uptreatment;and6 (e) Community detoxification provided by an approved facility; and 7 (f) Recovery support services. 8 (3) The department shall provide for adequate and appropriate treatment 9 for persons admitted pursuant to section 39-307, Idaho Code. Treatment shall 10 not be provided at a correctional institution except for inmates. 11 (4) The department shall maintain, supervise, and control all facilities 12 operated by it. The administrator of each such facility shall make an annual 13 report of its activities to the director in the form and manner the director 14 specifies. 15 (5) All appropriate public and private resources shall be coordinated 16 with and utilized in the program whenever possible. 17 (6) The department shall prepare, publish and distribute annually a list 18 of all approved public and private treatment facilities. 19 (7) The department may contract for the use of any facility as an 20 approved public treatment facility if the director considers this to be an 21 effective and economical course to follow. 22 (8) The program shall include an individualized treatment plan prepared 23 and maintained for each client. 24 SECTION 3. That Section 39-306, Idaho Code, be, and the same is hereby 25 amended to read as follows: 26 39-306. ACCEPTANCE FOR TREATMENT -- RULES. The board of health and wel- 27 fare shall adopt rules for the acceptance of persons into the treatment pro- 28 gram, considering available treatment resources and facilities, for the pur- 29 pose of early and effective treatment of alcoholics, intoxicated persons and 30 drug addicts. In establishing the rules the board shall be guided by the fol- 31 lowing standards: 32 (1) If possible a patient shall be treated on a voluntary rather than an 33 involuntary basis. 34 (2) A patient shall be initially assigned or transferred to outpatient or 35intermediateintensive outpatient treatment, unless he is found to require 36 inpatient treatment. 37 (3) A person shall not be denied treatment solely because he has with- 38 drawn from treatment against medical advice on a prior occasion or because he 39 has relapsed after earlier treatment. 40 (4) An individualized treatment plan shall be prepared and maintained on 41 a current basis for each patient. 42 (5) Provision shall be made for a continuum of coordinated treatment ser- 43 vices, so that a person who leaves a facility or a form of treatment will have 44 available and utilize other appropriate treatment. 45 SECTION 4. That Section 39-307, Idaho Code, be, and the same is hereby 46 amended to read as follows: 47 39-307. VOLUNTARY TREATMENT OF ALCOHOLICS AND DRUG ADDICTS. (1) An alco- 48 holic or andrug addict may apply for voluntary treatment directly to any 49 approved public treatment facility. If the proposed patient is a minor or an 50 incompetent person, he, a parent, legal guardian, or other legal representa- 51 tive shall make the application. 4 1 (2) Subject to rules adopted by the board of health and welfare, the 2 director or his designee may determine who shall be admitted to an approved 3 public treatment facility. 4 (3) If a patient receiving inpatient care leaves an approved public 5 treatment facility, he shall be encouraged to consent to appropriate outpa- 6 tient orintermediateintensive outpatient treatment, and the department shall 7 assist in obtaining supportive services and residential facilities. 8 (4) If a patient leaves an approved public treatment facility, upon the 9 recommendation of departmental staff, the department shall make reasonable 10 provisions for his transportation to another facility or to his home. If he 11 has no home, he shall be assisted in obtaining shelter. If the patient is a 12 minor or an incompetent person, the request for discharge from an inpatient 13 facility shall be made by a parent, legal guardian, or other legal representa- 14 tive or by the minor or incompetent if hewerewas the original applicant.
STATEMENT OF PURPOSE
RS 17748C1
This proposed legislation seeks to add or amend language
within Idaho Code Title 39, Chapter 3 to update definitions
and procedures for treatment of substance abuse.
FISCAL NOTE
Legislation incurs no additional fiscal impact.
Contacts:
Name: Rep. Sharon Block
Phone: (208) 332-1000
Rep. JoA Wood
(208) 332-1000
STATEMENT OF PURPOSE/FISCAL NOTE H 508