AN ACT Relating to
involuntary treatment; amending RCW 70.96A.020 and 70.96A.070; and declaring an
emergency.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF
WASHINGTON:
Sec. 1. RCW 70.96A.020 and 1991
c 364 s 8 are each amended to read as follows:
For the purposes of
this chapter the following words and phrases shall have the following meanings
unless the context clearly requires otherwise:
(1)
"Alcoholic" means a person who suffers from the disease of
alcoholism.
(2)
"Alcoholism" means a disease, characterized by a dependency on
alcoholic beverages, loss of control over the amount and circumstances of use,
symptoms of tolerance, physiological or psychological withdrawal, or both, if
use is reduced or discontinued, and impairment of health or disruption of
social or economic functioning.
(3) "Approved
treatment program" means a discrete program of chemical dependency
treatment provided by a treatment program certified by the department of social
and health services as meeting standards adopted under this chapter.
(4) "Chemical
dependency" means alcoholism or drug addiction, or dependence on alcohol
and one or more other psychoactive chemicals, as the context requires.
(5) "Chemical
dependency program" means expenditures and activities of the department
designed and conducted to prevent or treat alcoholism and other drug addiction,
including reasonable administration and overhead.
(6)
"Department" means the department of social and health services.
(7) "Designated
chemical dependency specialist" means a person designated by the county
alcoholism and other drug addiction program coordinator designated under RCW
70.96A.310 to perform the commitment duties described in RCW 70.96A.140 and
qualified to do so by meeting standards adopted by the department.
(8)
"Director" means the person administering the chemical dependency
program within the department.
(9) "Drug
addict" means a person who suffers from the disease of drug addiction.
(10) "Drug
addiction" means a disease characterized by a dependency on psychoactive
chemicals, loss of control over the amount and circumstances of use, symptoms
of tolerance, physiological or psychological withdrawal, or both, if use is
reduced or discontinued, and impairment of health or disruption of social or
economic functioning.
(11) "Emergency
service patrol" means a patrol established under RCW 70.96A.170.
(12) "Gravely
disabled by alcohol or other drugs" means that a person, as a result of
the use of alcohol or other drugs: (a) Is in danger of serious physical harm
resulting from a failure to provide for his or her essential human needs of
health or safety; or (b) manifests severe deterioration in routine functioning
evidenced by a repeated and escalating loss of cognition or volitional control
over his or her actions and is not receiving care as essential for his or her
health or safety.
(13)
"Incapacitated by alcohol or other psychoactive chemicals" means that
a person, as a result of the use of alcohol or other psychoactive chemicals,
has his or her judgment so impaired that he or she is incapable of realizing
and making a rational decision with respect to his or her need for treatment
and ((constitutes a danger)) presents a likelihood of serious harm
to himself or herself, to any other person, or to property.
(14) "Incompetent
person" means a person who has been adjudged -incompetent by the superior
court.
(15) "Intoxicated
person" means a person whose mental or physical functioning is
substantially impaired as a result of the use of alcohol or other psychoactive
chemicals.
(16) "Licensed
physician" means a person licensed to practice medicine or osteopathy in
the state of Washington.
(17) "Likelihood
of serious harm" means either: (a) A substantial risk that physical harm
will be inflicted by an individual upon his or her own person, as evidenced by
threats or attempts to commit suicide or inflict physical harm on one's self;
(b) a substantial risk that physical harm will be inflicted by an individual
upon another, as evidenced by behavior that has caused the harm or that places
another person or persons in reasonable fear of sustaining the harm; or (c) a
substantial risk that physical harm will be inflicted by an individual upon the
property of others, as evidenced by behavior that has caused substantial loss
or damage to the property of others.
(18)
"Minor" means a person less than eighteen years of age.
(((18))) (19)
"Peace officer" means a law enforcement official of a public agency
or governmental unit, and includes persons specifically given peace officer
powers by any state law, local ordinance, or judicial order of appointment.
(((19))) (20)
"Person" means an individual, including a minor.
(((20))) (21)
"Secretary" means the secretary of the department of social and
health services.
(((21))) (22)
"Treatment" means the broad range of emergency, detoxification,
residential, and outpatient services and care, including diagnostic evaluation,
chemical dependency education and counseling, medical, psychiatric,
psychological, and social service care, vocational rehabilitation and career
counseling, which may be extended to alcoholics and other drug addicts and
their families, persons incapacitated by alcohol or other psychoactive
chemicals, and intoxicated persons.
(((22))) (23)
"Treatment program" means an organization, institution, or
corporation, public or private, engaged in the care, treatment, or
rehabilitation of alcoholics or other drug addicts.
Sec. 2. RCW 70.96A.070 and 1989
c 270 s 9 are each amended to read as follows:
Pursuant to the
provisions of RCW 43.20A.360, there shall be a citizens advisory council
composed of not less than seven nor more than fifteen members((, at least
two of whom shall be recovered alcoholics or other recovered drug addicts and
two of whom shall be members of recognized organizations involved with problems
of alcoholism and other drug addiction)). It is the intent of the
legislature that the citizens advisory council broadly represent citizens who
have been recipients of voluntary or involuntary treatment for alcoholism or
other drug addiction and who have been in recovery from chemical dependency for
a minimum of two years. To meet this intent, at least two-thirds of the
council's members shall be former recipients of these services and not employed
in an occupation relating to alcoholism or drug addiction. The remaining
members shall be broadly representative of the community, shall include
representation from business and industry, organized labor, the judiciary, and
minority groups, chosen for their demonstrated concern with alcoholism and
other drug addiction problems. Members shall be appointed by the secretary.
In addition to advising the department in carrying out the purposes of this
chapter, the council shall develop and propose to the secretary for his or her
consideration the rules for the implementation of the chemical dependency
program of the department. Rules and policies governing treatment programs
shall be developed in collaboration among the council, department staff, local
government, and administrators of voluntary and involuntary treatment programs.
The secretary shall thereafter adopt such rules that, in his or her judgment
properly implement the chemical dependency program of the department consistent
with the welfare of those to be served, the legislative intent, and the public
good.
NEW
SECTION. Sec. 3. This act is necessary for
the immediate preservation of the public peace, health, or safety, or support
of the state government and its existing public institutions, and shall take
effect immediately.
