Ordinance 34450006.90000
jzl
2/6/03
2/19/03
ORDINANCE NO. 3445
AN ORDINANCE OF THE CITY. OF EDMONDS,
WASHINGTON, ADOPTED PURSUANT TO RCW 35A.63.220;
ADOPTING AN INTERIM ZONING REGULATION
IMPOSING A MORATORIUM ON THE PROCESSING OF
PERMIT AND LICENSE APPLICATIONS FOR THE
ESTABLISHMENT OF OPIATE SUBSTITUTION
TREATMENT SERVICE PROVIDER FACILTIES WITHIN
THE CITY, ESTABLISHING A PUBLIC HEARING DATE
WITHIN SIXTY DAYS OF THE ADOPTION OF THIS
ORDINANCE; AND FIXING A TIME WHEN THE SAME
SHALL BECOME EFFECTIVE.
WHEREAS, the state Department of Health and Social Services (DSHS) is
currently considering the certification and siting of Opiate Substitution Treatment Service
Providers, as defined under Chapter 70.96A RCW, within Snohomish County; and
WHEREAS, the community impact of Opiate Substitution Treatment Service
Providers has not been studied and considered by the City; and
WHEREAS, due to the potential impacts Opiate Substitution Treatment Service
Providers upon the Edmonds community, the City Council deems it appropriate to establish a
moratorium on the acceptance and processing of conditional use permit applications for such
facilities until such time as this matter can be fully reviewed, in no event longer than six months
without an extension thereof;
NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO
ORDAIN AS FOLLOWS:
IJZL536908.DOC;2/00006.900150/} - 1 -
Section 1. The City Council of the City of Edmonds do find:
A. The proliferation of Opiate Substitution Treatment Service Providers may
negatively impact the social, economic and environmental well -being of the Edmonds
community.
B. The City is authorized pursuant to RCW 35A.63.220 and RCW 36.70A.390 to
adopt moratoria regarding land use matters to preserve the status quo while new plans or
development standards are considered, prepared and enacted.
C. The City Council desires to preserve the status quo in order to enable the City to
study the probable community impact of Opiate Substitution Treatment Service Providers, to
develop land use regulations as deemed necessary to minimize any negative social, economic
and environmental effects of such facilities, and to formally adopt any such regulations.
Section 2. Based on the findings contained in Section 1 of this ordinance, the City
Council do conclude:
A. The City possesses the legal authority to establish a moratorium on Opiate
Substitution Treatment Service Providers as provided herein.
B. The City must adopt a moratorium on any necessary permits, licenses or other
local approvals for Opiate Substitution Treatment Service Providers in order to (1) allow the City
a sufficient opportunity to study the relevant issues implicated by the siting and community
impacts of such facilities, (2) develop and adopt appropriate regulations governing Opiate
Substitution Treatment Service Providers, and (3) prevent permit and license applicants from
potentially establishing vested rights contrary to and inconsistent with any regulatory revisions
the City may adopt as a result of its study of this matter.
{JZL536908.DOC;2/00006.900150/} - 2 -
Section 3. A moratorium is hereby imposed on the initiation or operation of new
Opiate Substitution Treatment Service Providers within the City of Edmonds. The City shall not
accept or process any building permit application, land use application, or any other permit or
approval for any new Opiate Substitution Treatment Service Provider, including but not limited
to business license applications. This moratorium is hereby established as of the effective date of
this ordinance and shall continue in full force and effect for a period not to exceed six months.
Section 4. Pursuant to the requirements of RCW 35A.63.220, a public hearing is
hereby set on May 6, 2003 at 7:00 PM or as soon thereafter as this matter may be heard in the
City Council Chambers of the City of Edmonds at 250 5th Avenue North, Edmonds, Washington.
Section 5. Effective Date. This ordinance, being an exercise of a power specifi-
cally delegated to the City legislative body, is not subject to referendum, and shall take effect
five (5) days after passage and publication of an approved summary thereof consisting of the
title.
MAYOR GATV HAAKENSON
ATTEST /AUTHENTICATED:
'dlotw�' • 6w!C�
CITY CLERK, SANDRA S. CHASE
{JZL536908.DOC;2/00006.900150/} - 3 -
APPROVED AS TO FORM: .
OFFICE OF A Y:
BY
W. SCOTT SNYDER
FILED WITH THE CITY CLERK: 03/21/2003
PASSED BY THE CITY COUNCIL: 03/25/2003
PUBLISHED: � 03/30/2003
EFFECTIVE DATE: 04/04/2003
ORDINANCE NO. 3445
{JZL536908.DOC;2/00006.900150/1 - 4 -
SUMMARY OF ORDINANCE NO. 3445
of the City of Edmonds, Washington
On the 25th day of March, 2003, the City Council of the City of Edmonds, passed
Ordinance No. 3445. A summary of the content of said ordinance, consisting of the title,
provides as follows:
AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON,
ADOPTED PURSUANT TO RCW 35A.63.220; ADOPTING AN INTERIM
ZONING REGULATION IMPOSING A MORATORIUM ON THE
PROCESSING OF PERMIT AND LICENSE APPLICATIONS FOR THE
ESTABLISHMENT OF OPIATE SUBSTITUTION TREATMENT SERVICE
PROVIDER FACILTIES WITHIN THE CITY, ESTABLISHING A PUBLIC
HEARING DATE WITHIN SIXTY DAYS OF THE ADOPTION OF THIS
ORDINANCE; AND FIXING A TIME WHEN THE SAME SHALL
BECOME EFFECTIVE.
The full text of this Ordinance will be mailed upon request.
DATED this 26th day of March, 2003.
CITY CLERK, SANDRA S. CHASE
{JZL536908.DOC;2/00006.900150/} - 5 -
35A.63.210
Title 35A RCW: Optional Municipal Code
to the *department of community development by September
30, 1990.
On or before June 30, 1991, each municipality that
plans and zones under this chapter shall have adopted an
ordinance or ordinances that are necessary to implement the
findings of this review, if the findings indicate that such
changes are necessary, or shall notify the *department of
community development as to why such implementing
ordinances were not adopted. [1989 c 335 § 5.]
*Reviser's note: Powers, duties, and functions of the department of
community development and the department of trade and economic
development were transferred to the department of community, trade, and
economic development by 1993 c 280, effective July 1, 1994.
Findings-- Purpose—Severability -1989 c 335: See notes following
RCW 35.63.170.
Definitions for RCW 35A.63.210: See RCW 35.63.170.
35A.63.215 Family day -care provider's home
facility —City may not prohibit in residential or commer-
cial area. No city may enact, enforce, or maintain an ordi-
nance, development regulation, zoning regulation, or official
control, policy, or administrative practice which prohibits the
use of a residential dwelling, located in an area zoned for
residential or commercial use, as a family day -care
provider's home facility.
A city may require that the facility: (1) Comply with
all building, fire, safety, health code, and business licensing
requirements; (2) conform to lot size, building size, setbacks,
and .lot coverage standards applicable to the zoning district
except if the structure is a legal nonconforming structure; (3)
is certified by the office of child care policy licensor as
providing a safe passenger loading area; (4) include signage,
if any, that conforms to applicable regulations; and (5) limit
hours of operations to facilitate neighborhood compatibility,
while also providing appropriate opportunity for persons who
use family day -care and who work a nonstandard work shift.
A city may also require that the family day -care
provider, before state licensing, require proof of written
notification by the provider that the immediately adjoining
property owners have been informed of the intent to locate
and maintain such a facility. If a dispute arises between
neighbors and the family day -care provider over licensing
requirements, the licensor may provide a forum to resolve
the dispute.
Nothing in this section shall be construed to prohibit a
city from imposing zoning conditions on the establishment
and maintenance of a family day -care provider's home in an
area zoned for residential or commercial use, so long as such
conditions are no more restrictive than conditions imposed
on other residential dwellings in the same zone and the
establishment of such facilities is not precluded. As used in
this section, "family day -care provider" is as defined in
RCW 74:15.020. [1995 c 49 § 2; 1994 c 273 § 16.]
35A.63.220 Moratoria, interim zoning controls —
Public hearing — Limitation on length. A legislative body
that adopts a moratorium or interim zoning ordinance, with-
out holding a public hearing on the proposed moratorium or
interim zoning ordinance, shall hold a public hearing on the
adopted moratorium or interim zoning ordinance within at
least sixty days of its adoption, whether or not the legislative
body received a recommendation on the matter from the
[Title 35A RCW —page 641
planning agency. If the legislative body does not adopt
findings of fact justifying its action before this hearing, then
the legislative body shall do so immediately after this public
hearing. A moratorium or interim zoning ordinance adopted
under this section may be effective for not longer than six
months, but may be effective for up to one year if a work
plan is developed for related studies providing for such a
longer period. A moratorium of interim zoning ordinance
may be renewed for one or more six -month periods if a
subsequent public hearing is held and findings of fact are
made prior to each renewal. [1992 c 207 § 3.]
35A.63.230 Accessory apartments. Any local
government; as defined in RCW 43.63A.215, that is planning
under this chapter shall comply with RCW 43.63A.215(3).
[1993 c 478 § 9.1
35A.63.240 Treatment of residential structures
occupied by persons with handicaps. No city may enact
or maintain an ordinance, development regulation, zoning
regulation or official control, policy, or administrative
practice which treats a residential structure occupied by
persons with handicaps differently than a similar residential
structure occupied by a family or other unrelated individuals.
As used in this section, "handicaps" are as defined in the
federal fair housing amendments act of 1988 (42 U.S.C. Sec.
3602). [1993 c 478 § 21.1
35A.63.250 Watershed restoration projects -- Permit
processing —Fish habitat enhancement project. A permit
required under this chapter for a watershed restoration
project as defined in RCW 89.08.460 shall be processed in
compliance with RCW 89.08.450 through 89.08.510. A fish
habitat enhancement project meeting the criteria of *RCW
75.20.350(1) shall be reviewed and approved according to
the provisions of *RCW 75.20.350. [1998 c 249 § 6; 1995
c 378 § 9.1
*Reviser's note: RCW 75.20.350 was recodified as RCW 77.55.290
pursuant to 2000 c 107 § 129.
Findings— Purpose— Report— Effective date -1998 c 249: See
notes following RCW 77.55.290.
35A.63.260 Planning regulations— Copies provided
to county assessor. By July 31, 1997, a code city planning
under RCW 36.70A.040 shall provide to the county assessor
a copy of the code city's comprehensive plan and develop-
ment regulations in effect on July 1st of that year and shall
thereafter provide any amendments to the plan and regula-
tions that were adopted before July 31st of each following
year. [1996 c 254 § 4.]
35A.63.270 General aviation airports. Adoption and
amendment of comprehensive plan provisions and develop-
ment regulations under this chapter affecting a general
aviation airport are subject to RCW 36.70.547. [1996 c 239
§ 4•]
35A.63.; Adopted by Reference
application; Ordinance #-3Y�-_ on 3 -x5-03
department ,eA_f, A/,
ment of corm ity Clerk
Growth Management — Planning by Selected Counties and Cities 36.70A.370
(4) The process used by government agencies shall be
protected by attorney client privilege. Nothing in this
section grants a private party the right to seek judicial relief
requiring compliance with the provisions of this section.
[1991 sp.s. c 32 § 18.]
36.70A.380 Extension of designation date. The
department may extend the date by which a county or city
is required to designate agricultural lands, forest lands,
mineral resource lands, and critical areas under RCW
36.70A.170, or the date by which a county or city is required
to protect such lands and critical areas under RCW
36.70A.060, if the county or city demonstrates that it is
proceeding in an orderly fashion, and is making a good faith
effort, to meet these requirements. An extension may be for
up to an additional one hundred eighty days. The length of
an extension shall be based on the difficulty of the effort to
conform with these requirements. [1991 sp.s. c 32 § 39.]
36.70A.385 Environmental planning pilot projects.
(1) The legislature intends to determine whether the environ-
mental review process mandated under chapter 43.21C RCW
may be enhanced and simplified, and coordination improved,
when applied to comprehensive plans mandated by this chap-
ter. The department shall undertake pilot projects on
environmental review to determine if the review process can
be improved by fostering more coordination and eliminating
duplicative environmental analysis which is made to assist
decision makers approving comprehensive plans pursuant to
this chapter. Such pilot projects should be designed and
scoped to consider cumulative impacts resulting from plan
decisions, plan impacts on environmental quality, impacts on
adjacent jurisdictions, and similar factors in sufficient depth
to simplify the analysis of subsequent specific projects being
carried out pursuant to the approved plan.
(2) The legislature hereby authorizes the department to
establish, in cooperation with business, industry, cities,
counties, and other interested parties, at least two but not
more than four pilot projects, one of which shall be with a
county, on enhanced draft and final nonproject environmental
analysis of comprehensive plans prepared pursuant to this
chapter, for the purposes outlined in subsection (1) of this
section. The department may select appropriate geographic
subareas within a comprehensive plan if that will best serve
the purposes of this section and meet the requirements of
chapter 43.21C RCW.
(3) An enhanced draft and final nonproject environmen-
tal analysis prepared pursuant to this section shall follow the
rules adopted pursuant to chapter 43.21C RCW.
(4) Not later than December 31, 1993, the department
shall evaluate the overall effectiveness of the pilot projects
under this section regarding preparing enhanced nonproject
environmental analysis for the approval process of compre-
hensive plans and shall:
(a) Provide an interim report of its findings to the
legislature with such recommendations as may be appropri-
ate, including the need, if any, for further legislation;
(b) Consider adoption of any further rules or guidelines
as may be appropriate to assist counties and cities in meeting
requirements of chapter 43.21C RCW when considering
comprehensive plans; and
(c) Prepare and circulate to counties and cities such
instructional manuals or other information derived from the
pilot projects as will assist all counties and cities in meeting
the requirements and objectives of chapter 43.21 C RCW in
the most expeditious and efficient manner in the process of
considering comprehensive plans pursuant to this chapter.
[1998 c-245 § 30; 1995 c 399 § 43; 1991 sp.s. c 32 § 20.]
36.70A.390 Moratoria, interim zoning controls —
Public hearing— Limitation on length— Exceptions. A
county or city governing body that adopts a moratorium,
interim zoning map, interim zoning ordinance, or interim
official control without holding a public hearing on the
proposed moratorium, interim zoning map, interim zoning
ordinance, or interim official control, shall hold a public
hearing on the adopted moratorium, interim zoning map,
interim zoning ordinance, or interim official control within
at least sixty days of its adoption, whether or not the
governing body received a recommendation on the matter
from the planning commission or department. If the
governing body does not adopt findings of fact justifying its
action before this hearing, then the governing body shall do
so immediately after this public hearing. A moratorium,
interim zoning map, interim zoning ordinance, or interim
official control adopted under this section may be effective
for not longer than six months, but may be effective for up
to one year if a work plan is developed for related studies
providing for such a longer period. A moratorium, interim
zoning map, interim zoning ordinance, or interim official
control may be renewed for one or more six -month periods
if a subsequent public hearing is held and findings of fact
,are made prior to each .renewal.
This section does not apply to the designation of critical
areas, agricultural lands, forest lands, and mineral resource
lands, under RCW 36.70A.170, and the conservation of these
lands and protection of these areas under RCW 36.70A.060,
prior to such actions being taken in a comprehensive plan
adopted under RCW 36.70A.070 and implementing develop-
ment regulations adopted under RCW 36.70A.120, if a
public hearing is held on such proposed actions. [1992 c
207 § 6.]
36.70A.400 Accessory apartments. Any local
government, as defined in RCW 43.63A.215, that is planning
under this chapter shall comply with RCW 43.63A.215(3).
[1993 c 478 § 11.]
36.70A.410 Treatment of residential structures
occupied by persons with handicaps. No county or city
that plans or elects to plan under this chapter may enact or
maintain an ordinance, development regulation, zoning
regulation or official control, policy, or administrative
practice which treats a residential structure occupied by
persons with handicaps differently than a similar residential
structure occupied by a family or other unrelated individuals.
As used in this section, "handicaps" are as defined in the
federal fair housing amendments act of 1988 (42 U.S.C. Sec.
3602). [.1993 c 478 § 23.]
4-' PNl♦ AIIA T_____ ,on projects — Findings-
Adopted by Reference sizes that there are major
(2002 Ed.) Ordinance #-W-5--on 3 -a 5 -n 3 [Title 36 RCW —page 197]
City Clerk
Alcoholism
70.9, Adopted by Reference don -
Departmi Ordinance# 3q q5 on 3 a!5-03 refuse
admission tribute
because it .tribute
fully or in City Clerk ler the
program o
The c._Y -- - - — - - - - -- dify its
programs in order to ensure that expenditures for services or programs do
not exceed amounts appropriated by the legislature and are allocated by the
department for such services or programs. The department may establish
admission priorities in the event that the number of eligible applicants
exceeds the limits set by the department. [1989 c 271 § 308; 1959 c 85 §
15.]
Reviser's note: This section was also repealed by 1989 c 270 § 35,
without cognizance of its amendment by 1989 c 271 § 308; and subsequent-
ly ly recodified pursuant to 1993 c 131 § 1. For rule of construction
concerning sections amended and repealed in the same legislative session,
see RCW 1.12.025.
Severability -1989 c 271: See note following RCW 9.94A.510.
Chapter 70.96A
TREATMENT FOR ALCOHOLISM,
INTOXICATION, AND DRUG ADDICTION
(Formerly: Uniform alcoholism and intoxication treatment)
Sections
70.96A.010 Declaration of policy.
70.96A.011 Legislative finding and intent — Purpose of chapter.
70.96A.020 Definitions.
70.96A.030 Chemical dependency program.
70.96A.040 Program authority.
70.96A.043 Agreements authorized under the Interlocal Cooperation Act.
70.96A.045 Funding prerequisites, facilities, plans, or programs receiving
financial assistance.
70.96A.047 Local funding and donative funding requirements —
Facilities, plans, programs.
70.96A.050 Duties of department.
70.96A.055 Drug courts.
70.96A.060 Interdepartmental coordinating committee.
70.96A.070 Citizens advisory council — Qualifications— Duties —Rules
and policies.
70.96A.080 Comprehensive program for treatment— Regional facilities.
70.96A.085 City, town, or county without facility — Contribution of li-
quor taxes prerequisite to use of another's facility.
70.96A.087 Liquor taxes and profits —City and county eligibility condi-
tioned.
70.96A.090 Standards for treatment programs— Enforcement proce-
dures— Penalties— Evaluation of treatment of children.
70.96A.095 Age of consent — Outpatient treatment of minors for chemi-
cal dependency.
70.96A.096 Notice to parents, school contacts for referring students to
inpatient treatment.
70.96A.097 Review of admission and inpatient treatment of minors—
Determination of medical necessity—Department.re-
view —Minor declines necessary treatment —At -risk
youth petition — Costs — Public funds.
70.96A.100 Acceptance for approved treatment— Rules.
70.96A.110 Voluntary treatment of alcoholics or other drug addicts.
70.96A.120 Treatment programs and facilities— Admissions —Peace
officer duties — Protective custody.
70.96A.140 Involuntary commitment.
70.96A.145 Involuntary commitment proceedings — Prosecuting attorney
may represent specialist or program.
70.96A.148 Detention, commitment duties — Designation of county des -
ignated mental health professional.
70.96A.150 Records of alcoholics and intoxicated persons.
70.96A.160 Visitation and communication with patients.
70.96A.170 Emergency service patrol— Establishment — Rules.
70.96A.180 Payment for treatment — Financial ability of patients.
70.96A.190 Criminal laws limitations.
70.96A.230 Minor —When outpatient treatment provider must give no-
tice to parents.
70.96A.235 Minor — Parental consent for inpatient treatment— Exception.
70.96.150
70.96A.240 Minor — Parent not liable for payment unless consented to
treatment —No right to public funds.
70.96A.245 Minor — Parent may request determination whether minor
has chemical dependency requiring inpatient treatment —
Minor consent not required— Duties and obligations of
professional person and facility.
70.96A.250 Minor — Parent may request determination whether minor
has chemical dependency requiring outpatient treat-
ment--- Consent of minor not required— Discharge of
minor.
70.96A.255 Minor — Petition to superior court for release from facility.
70.96A.260 Minor —Not released by petition under RCW 70.96A.255—
Release within thirty days — Professional may initiate
proceedings to stop release.
70.96A.265 Minor — Eligibility for medical assistance under chapter
74.09 RCW— Payment by department.
70.96A.300 Counties may create alcoholism and other drug addiction
board --- Generally.
70.96A.310 County alcoholism and other drug addiction program —Chief
executive officer of program to be program coordinator.
70.96A.320 Alcoholism and other drug addiction program — Generally.
70.96A.350 Criminal justice treatment account.
70.96A.400 Opiate substitution treatment — Declaration of regulation by
state.
70.96A.410 Opiate substitution treatment — Program certification by de-
partment, department duties — Definition of opiate substi-
tution treatment.
70.96A.420 Statewide treatment and operating standards for opiate sub-
stitution programs— Evaluation and report.
70.96A.430 Inability to contribute to cost no bar to admission —
Department may limit admissions.
70.96A.500 Fetal alcohol screening and assessment services.
70.96A.510 Interagency agreement on fetal alcohol exposure programs..
70.96A.520 Chemical dependency treatment expenditures -
Prioritization— Report.
70.96A.905 Uniform application of chapter — Training for county- desig-
nated mental health professionals.
70.96A.910 Application— Construction -1972 ex.s. c 122.
70.96A.915 Department allocation of funds— Construction.
70.96A.920 Severability -1972 ex.s. c 122.
70.96A.930 Section, subsection headings not part of law.
Reviser's note: Throughout this chapter "this act" has been translated
to "this chapter." This act [1972 ex.s. c 122] consists of chapter 70.96A
RCW, the amendment of RCW 9.87.010, 71.24.030 and the repeal of RCW
9.68.040, 70.96.010- 70.96.030, 70.96.040- 70.96.080, 70.96.090,
70.96.100- 70.96.140, 70.96.900, and 71.08.010- 71.08.090.
Alcoholism and drug addiction and support act: Chapter 74.50 RCW.
70.96A.010 Declaration of policy. It is the policy of
this state that alcoholics and intoxicated persons may not be
subjected to criminal prosecution solely because of their i
consumption of alcoholic beverages but rather should, within
available funds, be afforded a continuum of treatment in I
order that they may lead normal lives as productive members
of society. Within available funds, treatment should also be
provided for drug addicts. [1989 c 271 § 304; 1972 ex.s. c
122 § 1.]
Severability -1989 c 271: See note following RCW 9.94A.510.
Effective date -1972 ex.s. c 122. "Chapter 122, Laws of 1972
extraordinary session shall be effective January 1, 1975." [1973 c 92 § 1; i
1972 ex.s. c 122 § 31.] f
Chemical dependency benefit provisions
group disability contracts: RCW 48.21.160- 48.21.190.
health care services contracts: RCW 48.44.240. �a
L
70.96A.011 Legislative finding and intent — Purpose t,
of chapter. The legislature finds that the use of alcohol and II
other drugs has become a serious threat to the health of the I
citizens of the state of Washington. The use of psychoactive
chemicals has been found to be a prime factor in the current
[Title 70 RCW —Page 249]
(2002 Ed.)
AIDS epidemic. Therefore, a comprehensive statute to deal
with alcoholism and other drug addiction is necessary.
The legislature agrees with the 1987 resolution of the
American Medical Association that endorses the proposition
that all chemical dependencies, including alcoholism, are
diseases. It is the intent of the legislature to end the sharp
distinctions between alcoholism services and other drug
addiction services, to recognize that chemical dependency is
a disease, and to insure that prevention and treatment
services are available and are of high quality. It is the
purpose of this chapter to provide the financial assistance
necessary to enable the department of social and health
services to provide a discrete program of alcoholism and
other drug addiction services. [1989 c 270 § 1.]
70.96A.020 Definitions. For the purposes of this
chapter the following words and phrases shall have the
following meanings unless the context clearly requires other-
wise:
(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 chap-
ter.
(4) "Chemical dependency" means:
(a) Alcoholism; (b) drug addiction; or (c) 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, includ-
ing reasonable administration and overhead.
(6) "Department" means the department of social and
health services.
(7) "Designated chemical dependency specialist" or
"specialist" means a person designated by the county
alcoholism and other drug addiction program coordinator
designated under RCW 70.96A.310 to perform the commit-
ment 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 estab-
lished under RCW 70.96A.170.
[Title 70 RCW —page 250]
(12) "Gravely disabled by alcohol or other psychoactive
chemicals" or "gravely disabled" means that a person, as a
result of the use of alcohol or other psychoactive chemicals:
(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) "History of one or more violent acts" refers to the
period of time ten years prior to the filing of a petition under
this chapter, excluding any time spent, but not any violent
acts committed, in a mental health facility, or a long -term
alcoholism or drug treatment facility, or in confinement.
(14) "Incapacitated by alcohol or other psychoactive
chemicals" means that a person, as a result of the use of
alcohol or other psychoactive chemicals, is gravely disabled
or presents a likelihood of serious harm to himself or herself,
to any other person, or to property.
(15) "Incompetent person" means a person who has
been adjudged incompetent by the superior court.
(16) "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.
(17) "Licensed physician" means a person licensed to
practice medicine or osteopathic medicine and surgery in the
state of Washington.
(18) "Likelihood of serious harm" means:
(a) A substantial risk that: (i) 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; (ii) 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 (iii) 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;
or
(b) The individual has threatened the physical safety of
another and has a history of one or more violent acts..
(19) "Medical necessity" for inpatient care of a minor
means a requested certified inpatient service that is reason-
ably calculated to: (a) Diagnose, arrest, or alleviate a
chemical dependency; or (b) prevent the worsening of
chemical dependency conditions that endanger life or cause
suffering and pain, or result in illness or infirmity or threaten
to cause or aggravate a handicap, or cause physical de-
formity or malfunction, and there is no adequate less
restrictive alternative available.
(20) "Minor" means a person less than eighteen years of
age.
(21) "Parent" means the parent or parents who have the
legal right to custody of the child. Parent includes custodian
or guardian.
(22) "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.
(23) "Person" means an individual, including a minor.
(2002 Ed.)
Treatment for Alcoholism, Intoxication, and Drug Addiction
(24) "Professional person in charge" or "professional
person" means a physician or chemical dependency counsel-
or as defined in rule by the department, who is empowered
by a certified treatment program with authority to make
assessment, admission, continuing care, and discharge
decisions on behalf of the certified program.
(25) "Secretary" means the secretary of the department
of social and health services.
(26) "Treatment" means the broad range of emergency,
detoxification, residential, and outpatient services and care,
including diagnostic evaluation, chemical dependency
education and counseling, medical, psychiatric, psychologi-
cal, 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.
(27) "Treatment program means an organization,
institution, or corporation, public or private, engaged in the
care, treatment, or rehabilitation of alcoholics or other drug
addicts.
(28) "Violent act" means behavior that resulted in
homicide, attempted suicide, nonfatal injuries, or substantial
damage to property. [2001 c 13 § 1;_ 1998 c 296 § 22.
Prior: 1996 c 178 § 23; 1996 c 133 § 33; 1994 c 231 § 1;
1991 c 364 § 8; 1990 c 151 § 2; prior: 1989 c 271 § 305;
1989 c 270 § 3; 1972 ex.s. c 122 § 2.]
Severability -2001 c 13: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [2001 c 13 § 5.1
Findings — Intent —Part headings not law --Short title -1998 c 2%:
See notes following RCW 74.13.025.
Effective date -1996 c 178: See note following RCW 18.35.110.
Findings —Short title— Intent — Construction -1996 c 133: See
notes following RCW 13.32A.197.
Effective date -1994 c 231: "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 [April 1, 19941.." [1994 c 231 § 3.1
Findings -1991 c 364: "The legislature finds that the use of alcohol
and illicit drugs continues to be a primary crippler of our youth. This
translates into incredible costs to individuals, families, and society in terms
of traffic fatalities, suicides, criminal activity including homicides, sexual
promiscuity, familial incorrigibility, and conduct disorders, and educational
fallout. Among children of all socioeconomic groups lower expectations for
the future, low motivation and self - esteem, alienation, and depression are
associated with alcohol and drug abuse.
Studies reveal that deaths from alcohol and other drug- related injuries
rise sharply through adolescence, peaking in the early twenties. But second
peak occurs in later life, where it accounts for three times as many deaths
from chronic diseases. A young victim's life expectancy is likely to be
reduced by an average of twenty-six years.
Yet the cost of treating alcohol and drug addicts can be recouped in
the first three years of abstinence in health care savings alone. Public
money spent on treatment saves not only the life of the chemical abuser, it
makes us safer as individuals, and in the long -run costs less.
The legislature further finds that many children who abuse alcohol and
other drugs may not require involuntary treatment, but still are not
adequately served. These children remain at risk for future chemical
dependency, and may become mentally ill or a juvenile offender or need
out -of -home placement. Children placed at risk because of chemical abuse
may be better served by the creation of a comprehensive integrated system
for children in crisis.
The legislature declares that an emphasis on the treatment of youth
will pay the largest dividend in terms of preventable costs to individuals
themselves, their families, and to society. The provision of augmented
involuntary alcohol treatment services to youths, as well as involuntary
(2002 Ed.)
70.96A.020
treatment for youths addicted by other drugs, is in the interest of the public
health and safety." [1991 c 364 § 7.1 -
Construction -1991 c 364 §§ 7 -12: "The purpose of sections 7
through 12 of this act is solely to provide authority for.the involuntary
commitment of minors addicted by drugs within available funds and current
programs and facilities. Nothing in sections 7 through 12 of this act shall
be construed to require the addition of new facilities nor affect the
department's authority for the uses of existing programs and facilities
authorized by law. Nothing in sections 7 through 12 of this act shall
prevent a parent or guardian from requesting the involuntary commitment
of a minor through a county designated chemical dependency specialist on
an ability to pay basis." [1991 c 364 § 13.1
Conflict with federal requirements -1991 c 364: "If any part of
this act is found to be in conflict with federal requirements that are a
prescribed condition to the allocation of federal funds to the state, the
conflicting part of this act is inoperative solely to the extent of the conflict
and with respect to the agencies directly affected, and this finding does not
affect the operation of the remainder of this act in its application to the
agencies concerned. The rules under this act shall meet federal require-
ments that are a necessary condition to the receipt of federal funds by the
state." [1991 c 364 § 15.]
Severability -1989 c 271: See note following RCW 9.94A.510.
70.96A.030 Chemical dependency program. A
discrete program of chemical dependency is established
within the department of social and health services, to be
administered by a qualified person who has training and
experience in handling alcoholism and other drug addiction
problems or the organization or administration of treatment
services for persons suffering from alcoholism or other drug
addiction problems. [1989 c 270 § 4; 1972 ex.s. c 122 § 3.]
70.96A.040 Program authority. The department, in
the operation of the chemical dependency program may:
(1) Plan, establish, and maintain prevention and treat-
ment programs as necessary or desirable; .
(2) Make contracts necessary or incidental to the
performance of its duties and the execution of its powers,
including contracts with public and private agencies, orga-
nizations, and individuals to pay them for services rendered
or furnished to alcoholics or other drug addicts, persons
incapacitated by alcohol or other psychoactive chemicals, or
intoxicated persons;
(3) Enter into agreements for monitoring of verification
of qualifications of counselors employed by approved
treatment programs;
(4) Adopt rules under chapter 34.05 RCW to carry out
the provisions and purposes of this chapter and contract,
cooperate, and coordinate with other public or private
agencies or individuals for those purposes;
(5) Solicit and accept for use any gift of money or
property made by will or otherwise, and any grant of money,
services, or property from the federal government, the state,
or any political subdivision thereof or any private source,
and do all things necessary to cooperate with the federal
government or any of its agencies in making an application
for any grant;
(6) Administer or supervise the administration of the
provisions relating to alcoholics, other drug addicts, and
intoxicated persons of any state plan submitted for federal
funding pursuant to federal health, welfare, or treatment
legislation;
(7) Coordinate its activities and cooperate with chemical
dependency programs in this and other states, and make
contracts and other joint or cooperative arrangements with
[Title 70 RCW —page 2511
i
i.
70.96A.040
Title 70 RCW: Public Health and Safety
state, local, or private agencies in this and other states for
the treatment of alcoholics and other drug addicts and their
families, persons incapacitated by alcohol or other psychoac-
tive chemicals, and intoxicated persons and for the common
advancement of chemical dependency programs;
(8) Keep records and engage in research and the
gathering of relevant statistics;
(9) Do other acts and things necessary or convenient to
execute the authority expressly granted to it;
(10) Acquire, hold, or dispose of real property or any
interest therein, and construct, lease, or otherwise provide
treatment programs. [1989 c 270 § 5; 1988 c 193 § 2; 1972
ex.s. c 122 § 4.]
70.96A.043 Agreements authorized under the
Interlocal Cooperation Act. Pursuant to the Interlocal
Cooperation Act, chapter 39.34 RCW, the department may
enter into agreements to accomplish the purposes of this
chapter. [1989 c 270 § 7.]
70.96A.045 Funding prerequisites, facilities, plans,
or programs receiving financial assistance. All facilities,
plans, or programs receiving financial assistance under RCW
70.96A.040 must be approved by the department before any
state funds may be used to provide the financial assistance.
If the facilities, plans, or programs have not been approved
as required or do not receive the required approval, the funds
set aside for the facility, plan, or program shall be made
available for allocation to facilities, plans, or programs that
have received the required approval of the department. In
addition, whenever there is an excess of funds set aside for
a particular approved facility, plan, or program, the excess
shall be made available for allocation to other approved
facilities, plans, or programs. [1989 c 270 § 10.]
70.96A.047 Local funding and donative funding
requirements— Facilities, plans, programs. Except as
provided in this chapter, the secretary shall not approve any
facility, plan, or program for financial assistance under RCW
70.96A.040 -unless at least ten percent of the amount spent
for the facility, plan, or program is provided from local
public or private sources. When deemed necessary to
maintain public standards of care in the facility, plan, or
program, the secretary may require the facility, plan, or
program to provide up to fifty percent of the total spent for
the program through fees, gifts, contributions, or volunteer
services. The secretary shall determine the value of the
gifts, contributions, and volunteer services. [1989 c 270 §
11.]
70.96A.050 ,Duties of department. The department
shall:
(1) Develop, encourage, and foster statewide, regional,
and local plans and programs for the prevention of alcohol-
ism and other drug addiction, treatment of alcoholics and
other drug addicts and their families, persons incapacitated
by alcohol or other psychoactive chemicals; and intoxicated
persons in cooperation with public and private.agencies,
organizations, and individuals and provide technical assis-
tance and consultation services for these purposes;
[Title 70 RCW —page 2521
(2) Coordinate the efforts and enlist the assistance of all
public and private agencies, organizations, and individuals
interested in prevention of alcoholism and drug addiction,
and treatment of alcoholics and other drug addicts and their
families', persons incapacitated by alcohol or other psy-
choactive chemicals, and intoxicated persons;
(3) Cooperate with public and private agencies in
establishing and conducting programs to provide treatment
for alcoholics and other drug addicts and their families,
persons incapacitated by alcohol or other psychoactive
chemicals, and intoxicated persons who are clients of the
correctional system;
(4) Cooperate with the superintendent of public instruc-
tion, state board of education, schools, police departments,
courts, and other public and private agencies, organizations
and individuals in establishing programs for the prevention
of alcoholism and other drug addiction, treatment of alco-
holics or other drug addicts and their families, persons
incapacitated by alcohol or other psychoactive chemicals,
and intoxicated persons, and preparing curriculum materials
thereon for use at all levels of school education;
(5) Prepare, publish, evaluate, and disseminate educa-
tional material dealing with the nature and effects of alcohol
and other psychoactive chemicals and the consequences of
their use;
(6) Develop and implement, as an integral part of
treatment programs, an educational program for use in the
treatment of alcoholics or other drug addicts, persons
incapacitated by alcohol or other psychoactive chemicals,
and intoxicated persons, which program shall include the
dissemination of information concerning the nature and
effects of alcohol and other psychoactive chemicals, the
consequences of their use, the principles of recovery, and
HIV and AIDS;
(7) Organize and foster training programs for persons
engaged in treatment of alcoholics or other drug addicts,
persons incapacitated by alcohol or other psychoactive
chemicals, and intoxicated persons;
(8) Sponsor and encourage research into the causes and
nature of alcoholism and other drug addiction, treatment of
alcoholics and other drug addicts, persons incapacitated by
alcohol or other psychoactive chemicals, and intoxicated
persons, and serve as a clearing house for information
relating to alcoholism or other drug addiction;
(9) Specify uniform methods for keeping statistical
information by public and private agencies, organizations,
and individuals, and collect and make available relevant
statistical information, including number of persons treated,
frequency of admission and readmission, and frequency and
duration of treatment;
(10) Advise the governor in the preparation of a
comprehensive plan for treatment of alcoholics and other
drug addicts, persons incapacitated by alcohol or other
psychoactive chemicals, and intoxicated persons for inclusion
in the state's comprehensive health plan;
(11) Review all state health, welfare, and treatment
plans to be submitted for federal funding under federal
legislation, and advise the governor on provisions to be in-
cluded relating to alcoholism and other drug addiction,
persons incapacitated by alcohol or other psychoactive
chemicals, and intoxicated persons;
(2002 Ed.)
Treatment for Alcoholism, Intoxication, and Drug Addiction
(12) Assist in the development of, and cooperate with,
programs for alcohol and other psychoactive chemical
education and treatment for employees of state and local
governments and businesses and industries in the state;
(13) Use the support and assistance of interested persons
in the community to encourage alcoholics and other drug
addicts voluntarily to undergo treatment;
(14) Cooperate with public and private agencies in
establishing and conducting programs designed to deal with
the problem of persons operating motor vehicles while
intoxicated;
(15) Encourage general hospitals and other appropriate
health facilities to admit without discrimination alcoholics
and other drug addicts, persons incapacitated by alcohol or
other psychoactive chemicals, and intoxicated persons and to
provide them with adequate and appropriate treatment;
(16) Encourage all health and disability insurance
programs to include alcoholism and other drug addiction as
a covered illness; and
(17) Organize and sponsor a statewide program to help
court personnel, including judges, better understand the
disease of alcoholism and other drug addiction and the uses
of chemical dependency treatment programs. [2001 c 13 §
2; 1989 c 270 § 6; 1979 ex.s. c 176 § 7; 1972 ex.s. c 122 §
5.]
Severability -2001 c 13: See note following RCW 70.96A.020.
Severability-1979 ex.s. c 176: See note following RCW 46.61.502.
70.96A.055 Drug courts. The department shall
contract with counties operating drug courts and counties in
the process of implementing new drug courts for the provi-
sion of drug and alcohol treatment services. [1999 c 197 §
10.]
Legislative recognition -1999 c 197: See note following RCW
2.28.170.
Severability -1999 c 197: See note following RCW 9.94A.030.
70.96A.060 Interdepartmental coordinating commit-
tee. (1) An interdepartmental coordinating committee is
established, composed of the superintendent of public
instruction or his or her designee, the director of licensing or
his or her designee, the executive secretary of the Washing-
ton state law enforcement training commission or his or her
designee, and one or more designees (not to exceed three) of
the secretary, one of whom shall be the director of the
chemical dependency program. The committee shall meet at
least twice annually at the call of the secretary, or his or her
designee, who shall be its chair. The committee shall
provide for the coordination of, and exchange of information
on, all programs relating to alcoholism and other drug
addiction, and shall act as a permanent liaison among the
departments engaged in activities affecting alcoholics and
other drug addicts, persons incapacitated by alcohol or other
psychoactive chemicals, and intoxicated persons. The
committee shall assist the secretary and director in formulat-
ing a comprehensive plan for prevention of alcoholism and
other drug addiction, for treatment of alcoholics and other
drug addicts; persons incapacitated by alcohol or other
psychoactive chemicals, and intoxicated persons.
(2) In exercising its coordinating functions, the commit-
tee shall assure that:
70.96A.050
(a) The appropriate state agencies provide or assure all
necessary medical, social, treatment, and educational services
for alcoholics and other drug addicts and their families,
persons incapacitated by alcohol or other psychoactive
chemicals, and intoxicated persons and for the prevention of
alcoholism and other chemical dependency, without unneces-
sary duplication of services; .
(b) The several state agencies cooperate in the use of
facilities and in the treatment of alcoholics and other drug
addicts, persons incapacitated by alcohol or other psychoac-
tive chemicals, and intoxicated persons; and
(c) All state agencies adopt approaches to the prevention
of alcoholism and other drug addiction, the treatment of
alcoholics and other drug addicts and their families, persons
incapacitated by alcohol or other psychoactive chemicals,
and intoxicated persons consistent with the policy of this
chapter. [1989 c 270 § 8; 1979 c 158 § 220; 1972 ex.s. c
122 § 6.]
70.96A.070 Citizens advisory council -
Qualifications— Duties —Rules and policies. 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. 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 alco-
holism 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 demon-
strated 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 administra-
tors 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.
[1994 c 231 § 2; 1989 c 270 § 9; 1973 1st ex.s. c 155 § 1;
1972 ex.s. c 122 § 7.]
Effective date -1994 c 231: See note following RCW 70.96A.020.
Effective date -1972 ex.s. c 122: See note following RCW
70.96A.010.
70.96A.080 Comprehensive program for treat-
ment— Regional facilities. (1) The department shall
establish by all appropriate means, including contracting for
services, a comprehensive and coordinated discrete program
for the treatment of alcoholics and other drug addicts and
(2002 Ed.) [Title 70 RCW —page 2531
70.96A.080
Title 70 RCW: Public Health and Safety
their families, persons incapacitated by alcohol or other
psychoactive chemicals, and intoxicated persons.
(2) The program shall include, but not necessarily be
limited to:
(a) Detoxification;
(b) Residential treatment; and
(c) Outpatient treatment.
(3) All appropriate public and private resources shall be
coordinated with and used in the program when possible.
(4) The department may contract for the use of an
approved treatment program or other individual or organiza-
tion if the secretary considers this to be an effective and
economical course to follow. [1989 c 270 § 18; 1972 ex.s.
c.122 § 8.]
70.96A.085 City, town, or county without facility —
Contribution of liquor taxes prerequisite to use of
another's facility. A city, town, or county that does not
have its own facility or program for the treatment and
rehabilitation of alcoholics and other drug addicts may share
in the use of a facility or program maintained by another city
or. county so long as it contributes no less than two percent
of its share of liquor taxes and profits to the support of the
facility or program. [1989 c 270 § 12.1
70.96A.087 Liquor taxes and profits —City and
county eligibility conditioned. To be eligible to receive its
share of liquor taxes and profits, each city and county shall
devote no less than two percent of its share of liquor taxes
and profits to the support of a program of alcoholism and
other drug addiction approved by the alcoholism and other
drug addiction board authorized by RCW 70.96A.300 and
the secretary. [1989 c 270 § 13.]
70.96A.090 Standards for treatment programs —
Enforcement procedures— Penalties - Evaluation of
treatment of children. (1) The department shall adopt rules
establishing standards for approved treatment programs, the
process for the review and inspection program applying to
the department for certification as an approved treatment
program, and fixing the fees to be charged by the department
for the required inspections The standards may concern the
health standards to be met and standards of services and
treatment to be afforded patients.
(2) The department may suspend, revoke, limit, restrict,
or modify an approval, or refuse to grant approval, for
failure to meet the provisions of this chapter, or the stan-
dards adopted under this chapter. RCW 43.20A.205 governs
notice of a license denial, revocation, suspension, or modifi-
cation and provides the right to an adjudicative proceeding.
(3) No treatment program may advertise or represent
itself as an approved treatment program if approval has not
been granted, has been denied, suspended, revoked, or
canceled.
(4) Certification as an approved treatment program is
effective for one calendar year from the date of issuance of
the certificate. The certification shall specify the types of
services provided by the approved treatment program that
meet the standards adopted under this chapter. Renewal of
certification shall be made in accordance with this section
for initial approval and in accordance with the standards set
forth in rules adopted by the secretary.
. (5) Approved treatment programs shall not provide
alcoholism or other drug addiction treatment services for
which the approved treatment program has not been certi-
fied. Approved treatment programs may provide services for
which approval has been sought and is pending, if approval
for the services has not been previously revoked or denied.
(6) The department periodically shall inspect approved
public and private treatment programs at reasonable times
and in a reasonable manner.
(7) The department shall maintain and periodically
publish a current list of approved treatment programs.
(8) Each approved treatment program shall file with the
department on request, data, statistics, schedules, and
information the department reasonably requires. An ap-
proved treatment program that without good cause fails to
furnish any data, statistics, schedules, or information as
requested, or files fraudulent returns thereof, may be re-
moved from the list of approved treatment programs, and its
certification revoked or suspended.
(9) The department shall use the data provided in
subsection (8) of.this section to evaluate each program that
admits children to inpatient treatment upon application of
their parents. The evaluation shall be done at least once
every twelve months. In addition, the department shall
randomly select and review the information on individual
children who are admitted on application of the child's
parent for the purpose, of determining whether the child was
appropriately placed into treatment based on an objective
evaluation of the child's condition and the outcome of the
child's treatment.
(10) Upon petition of the department and after a hearing
held upon reasonable notice to the facility, the superior court
may issue a warrant to an officer or employee of the
department authorizing him or her to enter and inspect at
reasonable times, and examine the books and accounts of,
any approved public or private treatment program refusing
to consent to inspection or examination by the department or
which the department has reasonable cause to believe is
operating in violation of this chapter. [ 1995 c 312 § 46;
1990 c 151 § 5. Prior: 1989 c 270 § 19; 1989 c 175 § 131;
1972 ex.s. c 122 § 9.]
Short title -1995 c 312: See note following RCW 13.32A.010.
Effective date -1989 c 175: See note following RCW 34.05.010.
70.96A.095 Age of consent — Outpatient treatment
of minors for chemical dependency. Any person thirteen
years of age or older may give consent for himself or herself
to the furnishing of outpatient treatment by a chemical
dependency treatment program certified by the department.
Parental authorization is required for any treatment of a
minor under the age of thirteen. [1998 c 296 § 23; 1996 c
133 § 34; 1995 c 312 § 47; 1991 c 364 § 9; 1989 c 270 §
24.]
Findings— Intent —Part headings not law - -Short title -1998 c 296:
See notes following RCW 74.13.025.
Findings —Short title— Intent — Construction -1996 c 133: See
notes following RCW 13.32A.197.
Short title -1995, c 312: See note following RCW 13.32A.010.
Findings— Construction — Conflict with federal requirements -
1991 c 364: See notes following RCW 70.96A.020.
[Title 70 RCW —page 254] (2002 Ed.)
Treatment for Alcoholism, Intoxication, and Drug Addiction
70.96A.096 Notice to parents, school contacts for
referring students to inpatient treatment. School district
personnel who contact a chemical dependency inpatient
treatment program or provider for the purpose of referring a
student to inpatient treatment shall provide the parents with
notice of the contact within forty-eight hours. [1996 c 133
§ 5.1
Findings—Short title— Intent — Construction -1996 c 133: See
notes following RCW 13.32A.197.
70.96A.097 Review of admission and inpatient
treatment of minors— Determination of medical necessi-
ty— Department review —Minor declines necessary
treatment —At -risk youth petition — Costs— Public funds.
(1) The department shall ensure that, for any minor admitted
to inpatient treatment under RCW 70.96A.245, a review is
conducted by a physician or chemical dependency counselor,
as defined in rule by the department, who is employed by
the department or an agency under contract with the depart-
ment and who neither has a financial interest in continued
inpatient treatment of the minor nor is affiliated with the
program providing the treatment. The physician or chemical
dependency counselor shall conduct the review not less ,than
seven nor more than fourteen days following the date the
minor was brought to the facility under RCW 70.96A.245(1)
to determine whether it is a medical necessity to continue the
minor's treatment on an inpatient basis.
(2) In making a determination under subsection (1) of
this section whether it is a medical necessity to release the
minor from inpatient treatment, the department shall consider
the opinion of the treatment provider, the safety of the
minor, the likelihood the minor's chemical dependency
recovery will deteriorate if released from inpatient treatment,
and the wishes of the parent.
(3) If, after any review conducted by the department
under this section, the department !determines it is no longer
a medical necessity for a minor to receive inpatient treat-
ment, the department shall immediately notify the parents
and the professional person in charge. The professional
person in charge shall release the minor to the parents within
twenty -four hours of receiving notice. If the professional
person in charge and the parent believe that it is a medical
necessity for the minor to remain in inpatient treatment, the.
minor shall be released to the parent on the second judicial
day following the department's determination in order to
allow the parent time to file an at -risk youth petition under
chapter 13.32A RCW. If the department determines it is a
medical necessity for the minor to receive outpatient treat-
ment and the minor declines to obtain such treatment, such
refusal shall be grounds for the parent to file an at -risk youth
petition.
. (4) The department may, subject to available funds,
contract with other governmental agencies for the conduct of
the reviews conducted under this section and may seek
reimbursement from the parents, their insurance, or medicaid
for the expense of any review conducted by an agency under
contract.
(5) In addition to the review required under this section,
the department may periodically determine and redetermine
the medical necessity of treatment for purposes of payment
with public funds. [1998 c 296 § 28; 1995 c 312 § 48.]
(2002 Ed.)
70.96A.096
Findings—Intent—Part headings not law—Short title -1998 c 296:
See notes following RCW 74.13.025.
Short title -1995 c 312: See note following RCW 13.32A.010.
70.96A.100 Acceptance for approved treatment —
Rules. The secretary shall adopt and may amend and repeal
rules for acceptance of persons into the approved treatment
program, considering available treatment resources and
facilities, for the purpose of early and effective treatment of
alcoholics and other drug addicts, persons incapacitated by
alcohol or other psychoactive chemicals, and intoxicated
persons. In establishing the rules, the secretary shall be
guided by the following standards:
(1) If possible a patient shall be treated on a voluntary
rather than an involuntary basis.
(2) A patient shall be initially assigned or transferred to
outpatient treatment, unless he or she is found to require
residential treatment.
(3) A person shall not be denied treatment solely
because he or she has withdrawn from treatment against
medical advice on a prior occasion or because he or she has
relapsed after earlier treatment.
(4) An individualized treatment plan shall be prepared
and maintained on a current basis for each patient.
(5) Provision shall be made for a continuum of coordi-
nated treatment services, so that a person who leaves a
facility or a form of treatment will have available and use
other appropriate treatment. [1989 c 270 § 23; 1972 ex.s. c
122 § 10.]
70.96A.110 Voluntary treatment of alcoholics or
other drug addicts. (1) An alcoholic or other drug addict
may apply for voluntary treatment directly to an approved
treatment program. If the proposed patient is a minor or an
incompetent person, he or she, a parent, a legal guardian, or
other legal representative may make the application.
(2) Subject to rules adopted by the secretary, the
administrator in charge of an approved treatment program
may determine who shall be admitted for treatment. If a
person is refused admission to an approved treatment
program, the administrator, subject to rules adopted by the
secretary, shall refer the person to another approved treat-
ment program for treatment if possible and appropriate.
(3) If a patient receiving inpatient care leaves an
approved treatment program, he or she shall be encouraged
to consent to appropriate outpatient treatment. If it appears
to the administrator in charge of the treatment program that
the patient is an alcoholic or other drug addict who requires
help, the department may arrange for assistance in obtaining
supportive services and residential programs.
(4) If a patient leaves an approved public treatment
program, with or against the advice of the administrator in
charge of the program, the department may make reasonable
provisions for his or her transportation to another program or
to his or her home. If the patient has no home he or she
should be assisted in obtaining shelter. If the patient is less
than fourteen years of age or an incompetent person the
request for discharge from an inpatient program shall be
made by a parent, legal guardian, or other legal represen-
tative or by the minor or incompetent if he or she was the
original applicant. [1990 c 151 § 7; 1989 c 270 § 25; 1972
ex.s. c 122 § 11.1
[Title 70 RCW —page 2551
Treatment for Alcoholism, Intoxication, and Drug Addiction
has refused to submit to a medical examination, in which
case the fact of refusal shall be alleged in the petition. The
certificate shall set forth the licensed physician's findings in
support of the allegations of the petition. A physician
employed by the petitioning program or the department is
eligible to be the certifying physician.
(2) Upon filing the petition, the court shall fix a date for
a hearing no less than two and no more than seven days
after the date the petition was filed unless the person
petitioned against is presently being detained in a program,
pursuant to RCW 70.96A.120, 71.05.21.0, or 71.34.050, in
which case the hearing shall be held within seventy -two
hours of the filing of the petition: PROVIDED, HOWEV-
ER, That the above specified seventy -two hours shall be
computed by excluding Saturdays, Sundays, and holidays:
PROVIDED FURTHER, That, the court may, upon motion
of the person whose commitment is sought, or upon motion
of petitioner with written permission of the person whose
commitment is sought, or his or her counsel and, upon good
cause shown, extend the date for the hearing. A copy of the
petition and of the notice of the hearing, including the date
fixed by the court, shall be served by the designated chemi-
cal dependency specialist on the person whose commitment
is sought, his or her next of kin, a parent or his or her legal
guardian if he or she is a minor, and any other person the
court believes advisable. A copy of the petition and certifi-
cate shall be delivered to each person notified.
(3) At the hearing the court shall hear all relevant
testimony, including, if possible, the testimony, which may
be telephonic, of at least one licensed physician who has
examined the .person whose commitment is sought. Commu-
nications otherwise deemed privileged under the laws of this
state are deemed to be waived in proceedings under this
chapter when a court of competent jurisdiction in its discre-
tion determines that the waiver is necessary to protect either
the detained person or the public. The waiver of a privilege
under this section is limited to records or testimony relevant
to evaluation of the detained person for purposes of a
proceeding under this chapter. Upon motion by the detained
person, or on its own motion, the court shall examine a
record or testimony sought by a petitioner to determine
whether it is within the scope of the waiver.
The record maker shall not be required to testify in
order to introduce medical, nursing, or psychological records
of detained persons so long as the requirements of RCW
5.45.020 are met, except that portions of the record that
contain opinions as to whether the detained person is
chemically dependent shall be deleted from the records
unless the person offering the opinions is available for cross -
examination. The person shall be present unless the court
believes that his or her presence is likely to be injurious to
him or her; in this event the court may deem it appropriate
to appoint a guardian ad litem to represent him or her
throughout the proceeding. If deemed advisable, the court
may examine the person out of courtroom. If the person has
refused to be examined by a licensed physician, he or she
shall be given an opportunity to be examined by a court
appointed licensed physician. If he or she refuses and there
is sufficient evidence to believe that the allegations of the
petition are true, or if the court believes that more medical
evidence is necessary, the court may make a temporary order
committing him or her to the department for a period of not
(2002 Ed.)
70.96A.140
more than five days for purposes of a diagnostic examina-
tion.
(4) If after hearing all relevant evidence, including the
results of any diagnostic examination, the court finds that
grounds for involuntary commitment have been established
by clear, cogent, and convincing proof, it shall make an
order of commitment to an approved treatment program. It
shall not order commitment of a person unless it determines
that an approved treatment program is available and able to
provide adequate and appropriate treatment for him or her.
(5) A person committed under this section shall remain
in the program for treatment for a period of sixty days unless
sooner discharged. At the end of the sixty -day period, he or
she shall be discharged automatically unless the program,
before expiration of the period, files a petition for his or her
recommitment upon the grounds set forth in subsection (1)
of this section for a further period of ninety days unless
sooner discharged.
If a petition for recommitment is not filed in the case of
a minor, the parent, guardian, or custodian who has custody
of the minor may seek review of that decision made by the
designated chemical dependency specialist in superior or
district court. The parent, guardian, or custodian shall file
notice with the court and provide a copy of the treatment
progress report.
If a person has been committed because he or she is
chemically dependent and likely to inflict physical harm on
another, the program shall apply for recommitment if after
examination it is determined that the likelihood still exists.
(6) Upon the filing of a petition for recommitment under
subsection (5) of this section, the court shall fix a date for
hearing no less than two and no more than seven days after
the date the petition was filed: PROVIDED, That, the court
may, upon motion of the person whose commitment is
sought and upon good cause shown, extend the date for the
hearing. A copy of the petition and of the notice of hearing,
including the date fixed by the court, shall be served by the
treatment program on the person whose commitment is
sought, his or her next of kin, the original petitioner under
subsection (1) of this section if different from the petitioner
for recommitment, one of his or her parents or his or her
legal guardian if he or she is a minor, and his or her attorney
and any other person the court believes advisable. At the
hearing the court shall proceed as provided in subsection (3)
of this section.
(7) The approved treatment program shall provide for
adequate and appropriate treatment of a person committed to
its custody. A person committed under this section may be
transferred from one approved public treatment program to
another if transfer is medically advisable.
(8) A person committed to the custody of a program for
treatment shall be discharged at any time before the end of
the period for which he or she has been committed and he
or she shall be discharged by order of the court if either of
the following conditions are met:
(a) In case of a chemically dependent person committed
on the grounds of likelihood of infliction of physical harm
upon himself, herself, or another, the likelihood no longer
exists; or further treatment will not be likely to bring about
significant improvement in the person's condition, or treat-
ment is no longer adequate or appropriate.
[Title 70 RCW —page 2571
70.96A.120
Title 70 RCW: Public Health and Safety
70.96A.120 Treatment programs and facilities -
Admissions —Peace officer duties — Protective custody.
(1) An intoxicated person may come voluntarily to an
approved treatment program for treatment. A person who
appears to be intoxicated in a public place and to be in need
of help, if he or she consents to the proffered help, may be
assisted to his or her home, an approved treatment program
or, other health facility.
(2) Except for a person who may be apprehended for
possible violation of laws not relating to alcoholism, drug
addiction; or intoxication and except for a person who may
be apprehended for possible violation of laws relating to
driving or being in physical control of a vehicle while under
the influence of intoxicating liquor or any drug and except
for a person who may wish to avail.himself or herself of the
provisions of RCW 46.20.308, a person who appears to be
incapacitated or gravely disabled by alcohol or other drugs
and who is in a public place or who has threatened, at-
tempted, or inflicted physical harm on himself, herself, or
another, shall be taken into protective custody by a peace
officer or staff designated by the county and as soon as
practicable, but in no event beyond eight hours brought to an
approved treatment program for treatment. If no approved
treatment program is readily available he or she shall be
taken to an emergency medical service customarily used for
incapacitated persons. The peace officer or staff designated
by the county, in detaining the person and in taking him or
her to an approved treatment program, is taking him or her
into protective custody and shall make every reasonable
effort to protect his or her health and safety. In taking the
person into protective custody, the detaining peace officer or
staff designated by the county may take reasonable steps
including reasonable force if necessary to protect himself or
herself or effect the custody. A taking into protective
custody under this section is not an arrest. No entry or other
record shall be made to indicate that the person has been
arrested or charged with a crime.
(3) A person who comes voluntarily or is brought to an
approved treatment program shall be. examined by a qualified
person. He or she may then be admitted as a patient or
referred to another health facility, which provides emergency
medical treatment, where it appears that, such treatment may
be necessary. The referring approved treatment program
shall arrange for his or her transportation..
(4) A person who is found to be incapacitated or
gravely disabled by alcohol or other drugs at the time of his
or her admission or to have become incapacitated or gravely
disabled at any time after his or her admission, may not be
detained at the program for more than seventy -two hours
after admission as a patient, unless a petition is filed under
RCW 70.96A.140, as now or hereafter amended: PRO-
VIDED, That the treatment personnel at an approved
treatment program are authorized to use such reasonable
physical restraint as may be necessary to retain an incapaci-
tated or gravely disabled person for up to seventy -two hours
from the time of admission. The seventy -two hour periods
specified in this section shall be computed by excluding
Saturdays, Sundays, and holidays. A person may consent to
remain in ,the program as long as the physician in charge
believes appropriate.
(5)'A person who is not admitted to an approved
treatment program, is not referred to another health facility,
[Title 70 RCW —page 2561
and has no funds, may be taken to his or her home, if any.
If he or she has no home, the approved treatment program
shall provide him or her with information and assistance to
access available community shelter resources.
(6) If a patient is, admitted to an approved treatment
program, his or her family or next of kin shall be notified as
promptly as possible by the treatment program. If an adult
patient who is not incapacitated requests that there be no
notification, his or her request shall be respected.
(7) The peace officer, staff designated by the county, or
treatment facility personnel, who act in compliance with this
chapter and are performing in the course of their official
duty are not criminally or civilly liable therefor.
(8) If the person in charge of the approved treatment
program determines that appropriate treatment is available,
the patient shall be encouraged to agree to further diagnosis
and appropriate voluntary treatment. (1991 c 290 § 6; 1990
c 151 § 8; 1989 c 271 § 306; 1987 c 439 § 13; 1977 ex.s. c
62 § 1; 1974 ex.s. c 175 § 1; 1972 ex.s. c 122 § 12.)
Severability -1989 c 271: See note following RCW 9.94A.510.
70.96A.140 Involuntary commitment. (1) When a
designated chemical dependency specialist receives informa-
tion alleging that a person presents a likelihood of serious
harm or is gravely disabled as a result of chemical depen-
dency, the designated chemical dependency specialist, after
investigation and evaluation of the specific facts alleged and
of the reliability and credibility of the information, may file.
a petition for commitment of such person with the superior
court, district court, or in another court permitted by court
rule.
If a petition for commitment is not filed in the case of
a minor, the parent, guardian, or custodian who has custody
of the minor may seek review of that decision made by the
designated chemical dependency specialist in superior or
district court. The parent, guardian, or custodian shall file
notice with the court and provide a copy of the designated
chemical dependency specialist's report.
If the designated chemical dependency specialist finds
that the initial needs of such person would be better served
by placement within the mental health system, the person
shall be referred to either a county designated mental health
professional or an evaluation and treatment facility as
defined in RCW 71.05.020 or 71.34.020. If placement in a
chemical dependency program is available and deemed
appropriate, the petition shall allege that: The person is
chemically dependent and presents a likelihood of serious
harm or is gravely disabled by alcohol or drug addiction, or
that the person has twice before in the preceding twelve
months been admitted for detoxification, sobering services,
or chemical dependency treatment pursuant to RCW
70.96A.I10 or 70.96A.120, and is in need of a more
sustained treatment program, or that the person is chemically
dependent and has threatened, attempted, or inflicted
physical harm on another and is likely to inflict physical
harm on another unless committed. A refusal to undergo
treatment, by itself, does not constitute evidence of lack of
judgment as to the need for treatment. The petition shall be
accompanied by a certificate of a licensed physician who has
examined the person within five days before submission of
the petition, unless the person whose commitment is sought
(2002 Ed.)
70.96A.140 Title 70 RCW: Public Health and Safety
(b) In case of a chemically dependent person committed
on the grounds of the need of treatment and incapacity, that
the incapacity no longer exists.
(9) The court shall inform the person whose commit-
ment or recommitment is sought of his or her right to contest
the application, be represented by counsel at every stage of
any proceedings relating to his or her commitment and
recommitment, and have counsel appointed by the court or
provided by the court, if he or she wants the assistance of
counsel and is unable to obtain counsel. If the court believes
that the person needs the assistance of counsel, the court
shall require, by appointment if necessary, counsel for him
or her regardless of his or her wishes. The person shall, if
he or she is financially able, bear the costs of such legal
service; otherwise such legal service shall be at public
expense. The person whose commitment or recommitment
is sought shall be informed of his or her right to be exam-
ined by a licensed physician of his or her choice. If the
person is unable to obtain a licensed physician and requests
examination by a physician, the court shall employ a
licensed physician.
(10) A person committed under this chapter may at any
time seek to be discharged from commitment by writ of
habeas corpus in a court of competent jurisdiction.
(11) The venue for proceedings under this section is the
county in which person to be committed resides or is
present.
(12) When in the opinion of the professional person in
charge of the program providing involuntary treatment under
this chapter, the committed patient can be appropriately
served by less restrictive treatment before expiration of the
period of commitment, then the less restrictive care may be
required as a condition for early release for a period which,
when added to the initial treatment period, does not exceed
the period of commitment. If the program designated to pro-
vide the less restrictive treatment is other than the program
providing the initial involuntary treatment, the program so
designated must agree in writing to assume such responsibili-
ty. A copy of the conditions for early release shall be given
to the patient, the designated chemical dependency specialist
of original commitment, and the court of original commit-
ment. The program designated to provide less restrictive
care may modify the conditions for continued release when
the modifications are in the best interests of the patient. If
the program providing less restrictive care and the designated
chemical dependency specialist determine that a conditional-
ly released patient is failing to adhere to the terms and
conditions of his or her release, or that substantial dete-
rioration in the patient's functioning has occurred, then the
designated chemical dependency specialist shall notify the
court of original commitment and request a hearing to be
held no less than two and no more than seven days after the
date of the request to determine whether or not the person
should be returned to more restrictive care. The designated
chemical dependency specialist shall file a petition with the
court stating the facts substantiating the need for the hearing
along with the treatment recommendations. The patient shall
have the same rights with respect to notice, hearing, and
for the original involuntary treatment proceedings.
s to be determined at the hearing are whether the
illy released patient did or did not adhere to the
conditions of his or her release to less restrictive
[Tip 'W —Page 2581
care or.that substantial deterioration of the patient's function-
ing has occurred and whether the conditions of release
should be modified or the person should be returned to a
more restrictive program. The hearing may be waived by
the patient and his or her counsel and his or her guardian or
conservator, if any, but may not be waived unless all such
persons agree to the waiver. Upon waiver, the person may
be returned for involuntary treatment or continued on
conditional release on the same or modified conditions.
[2001 c.13 § 3; 1995 c 312 § 49; 1993 c 362 § 1; 1991 c
364 § 10; 1990 c 151 '§ 3; 1989 c 271 § 307; 1987 c 439 §
14; 1977 ex.s. c 129 § 1; 1974 ex.s. c 175 § 2; 1972 ex.s. c
122 § 14.]
Severability-2001 a 13: See note following RCW 70.96A.020.
Short title -1995 c 312: See note following RCW 13.32A.010.
Purpose— Construction -1993 c 362: "The purpose of this act is
solely to provide authority for the involuntary commitment of persons
suffering from chemical dependency within available funds and current
programs and facilities. Nothing in this act shall be construed to require the
addition of new facilities nor affect the department of social and health
services' authority for the uses of existing programs and facilities authorized
by law." [1993 c 362 § 2.]
Findings— Construction — Conflict with federal requirements -
1991 c 364: See notes following RCW 70.96A.020.
Severability -1989 c 271: See note following RCW 9.94A.510.
70.96A.145 Involuntary commitment proceedings —
Prosecuting attorney may represent specialist or pro-
gram. The prosecuting attorney of the county in which such
action is taken may, at the discretion of the prosecuting
attorney, represent the designated chemical dependency
specialist or treatment program in judicial proceedings under
RCW 70.96A.140 for the involuntary commitment or
recommitment of an individual, including any judicial
proceeding where the individual sought to be committed or
recommitted challenges the action. [1993 c 137 § 1.]
70.96A.148 Detention, commitment duties —
Designation of county designated mental health profes-
sional. The county alcoholism and other drug addiction
program coordinator may designate the county designated
mental health professional to perform the detention and
commitment duties described in RCW 70.96A.120 and
70.96A.140. [2001 c 13 § 4.]
Severability -2001 c 13: See note following RCW 70.96A.020.
70.96A.150 Records of alcoholics and intoxicated
persons. (1) The registration and other records of treatment
programs shall remain confidential. Records may be
disclosed (a) in accordance with the prior written consent of
the patient with respect to whom such -record is maintained,
(b) if authorized by an appropriate order of a court of
competent jurisdiction granted after application showing
good cause, (c) to comply with state laws mandating the
reporting of suspected child abuse or neglect, or (d) when a
patient commits a crime on program premises or against
program personnel, or threatens to do so.
(2) Notwithstanding subsection (1) of this section, the
secretary may receive information from patients' records for
purposes of research into the causes and treatment of
alcoholism and other drug addiction, verification of eligi-
bility and appropriateness of reimbursement, and the evalua-
(2002 Ed.)
Treatment for Alcoholism, Intoxication, and Drug Addiction
tion of alcoholism and other drug treatment programs.
Information under this subsection shall not be published in
a way that discloses patients' names or otherwise discloses
their identities.
(3) Nothing contained in this chapter relieves a person
or firm from the requirements under federal regulations for
the confidentiality of alcohol and drug abuse patient records.
Obligations imposed on drug and alcohol treatment programs
and protections afforded alcohol and drug abuse patients
under federal regulations apply to all programs approved by
the department under RCW 70.96A.090. [1990 c 151 § 1;
1989 c 162 § 1; 1972 ex.s. c 122 § 15.]
70.96A.160 Visitation and communication with
patients. (1) Subject to reasonable rules regarding hours of
visitation which the secretary may adopt, patients in any
approved treatment program shall be granted opportunities
for adequate consultation with counsel, and for continuing
contact with family and friends consistent with an effective
treatment program.
(2) Neither mail nor other communication to or from a
patient in any approved treatment program may be intercept-
ed, read, or censored. The secretary may adopt reasonable
rules regarding the use of telephone by patients in approved
treatment programs. [1989 c 270 § 29; 1972 ex.s. c 122 §
.16.]
70.96A.170 Emergency service patrol -
Establishment— Rules. (1) The state and counties, cities,
and other municipalities may establish or contract for
emergency service patrols which are to be under the admin-
istration of the appropriate jurisdiction. A patrol consists of
persons trained to give assistance in the streets and in other
public places to persons who are intoxicated. Members of
an emergency service patrol shall be capable of providing
first aid in emergency situations and may transport intox-
icated persons to their homes and to and from treatment
programs.
(2) The secretary shall adopt rules pursuant to chapter
34.05 RCW for the establishment, training, and conduct of
emergency service patrols. [1989 c 270 § 30; 1972 ex.s. c
122 § 17.]
70.96A.180 Payment for treatment — Financial
ability of patients. (1) If treatment is provided by an
approved treatment program and the patient has not paid or
is unable to pay the charge therefor, the program is entitled
to any payment (a) received by the patient or to which he
may be entitled because of the services rendered, and (b)
from any public or private source available to the program
because of the treatment provided to the patient.
(2) A patient in a program, or the estate of the patient,
or .a person. obligated to provide for the cost of treatment and
having sufficient financial ability, is liable to the program for
cost of maintenance and treatment of the patient therein in
accordance with rates established.
(3) The secretary shall adopt rules governing financial
ability that take into consideration the income, savings, and
other personal and real property of the person required to
pay, and any support being furnished by him to any person
70.96A.150
he is required by law to support. [1990 c 151 § 6; 1989 c
270 § 31; 1972 ex.s. c 122 § 18.1
70.96A.190 Criminal laws limitations. (1) No
county, municipality, or other political subdivision may
adopt or enforce a local law, ordinance, resolution, or rule
having the force of law that includes drinking, being an
alcoholic or drug addict, or being found in an intoxicated
condition as one of the elements of the offense giving rise to
a criminal or civil penalty or sanction.
(2) No county, municipality, or other political subdivi-
sion may interpret or apply any law of general application to
circumvent the provision of subsection (1) of this section.
(3) Nothing in this chapter affects any law, ordinance,
resolution, or rule against drunken driving, driving under the
influence of alcohol or other psychoactive chemicals, or
other similar offense involving the operation of a vehicle,
aircraft, boat, machinery, or other equipment, or regarding
the sale, purchase, dispensing, possessing, or use of alcoholic
beverages or other psychoactive chemicals at stated times
and places or by a particular class of persons; nor shall
evidence of intoxication affect, other than as a defense, the
application of any law, ordinance, resolution, or rule to con-
duct otherwise establishing the elements of an offense.
[1989 c 270 § 32; 1972 ex.s. c 122 § 19.]
70.96A.230 Minor —When outpatient treatment
provider must give notice to parents. Any provider of
outpatient treatment who provides outpatient treatment to a
minor thirteen years of age or older shall provide notice of
the minor's request for treatment to the minor's parents if:
(1) The minor signs a written consent authorizing the
disclosure; or (2) the treatment program director determines
that the minor lacks capacity to make a rational choice
regarding consenting to disclosure. The notice shall be made
within seven days of the request for treatment, excluding
Saturdays, Sundays, and holidays, and shall contain the
name, location, and telephone number of the facility provid-
ing treatment, and the name of a professional person on the
staff of the facility providing treatment who is designated to
discuss the minor's need for treatment with the parent.
[1998 c 296 § 24.]
Findings— Intent —Part headings not law —Short title -1998 c 296:
See notes following RCW 74.13.025.
70.96A.235 Minor — Parental consent for inpatient
treatment— Exception. Parental consent is required for
inpatient chemical dependency treatment of a minor, unless
the child meets the definition of a child in need of services
in *RCW 13.32A.030(4)(c) as determined by the department:
PROVIDED, That parental consent is required for any
treatment of a minor under the age of thirteen.
This section does not apply to petitions filed under this
chapter. [1998 c 296 § 25.]
*Reviser's note: RCW 13.32A.030 was amended by 2000 c 123 §
2, changing subsection (4)(c) to subsection (5)(c).
Findings --- Intent —Part headings not law —Short title -1998 c 296:
See notes following RCW 74.13.025.
70.96A.240 Minor — Parent not liable for payment
unless consented to treatment —No right to public funds.
(2002 Ed.) [Title 70 RCW —page 2591
70.96A.240
Title 70 RCW: Public Health and Safety
(1) The parent of a minor is not liable for payment of inpa-
tient or outpatient chemical dependency treatment unless the
parent has joined in the consent to the treatment.
(2) The ability of a parent to apply to a certified
treatment program for the admission of his or her minor
child does not create a right to obtain or benefit from any
funds or resources of the state. However, the state may
provide services for indigent minors to the extent that funds
are available therefor. [1998 c 296 § 26.]
Findings — Intent —Part headings not law —Short title -1998 c 296:
See notes following RCW 74.13.025.
70.96A.245 Minor— Parent may request determina-
tion whether minor has chemical dependency requiring
inpatient treatment —Minor consent not required— Duties
and obligations of professional person and facility. (1) A
parent may bring, or authorize the bringing of, his or her
minor child to a certified treatment program and request that
a. chemical dependency assessment be conducted by a
professional person to determine whether the minor is
chemically dependent and in need of inpatient treatment.
(2) The consent of the minor is not required for admis-
sion, evaluation, and treatment if the parent brings the minor
to the program.
(3) An appropriately trained professional person may
evaluate whether the minor is chemically dependent. The
evaluation shall be completed within twenty -four hours of
the time the minor was brought to the program, unless the
professional .person determines that the condition of the
minor necessitates additional time for evaluation. In no
event shall a minor be held longer than seventy -two hours
for evaluation. If, in the judgment of the professional
person, it is determined it is a medical necessity for the
minor to receive inpatient treatment, the minor may be held
for treatment. The facility shall limit treatment to that which
the professional person determines is medically necessary to
stabilize the minor's condition until the evaluation has been
completed. Within twenty-four hours of completion of the
evaluation, the professional person shall notify the depart-
ment if the child is held for treatment and of the date of
admission.
(4) No provider is obligated to provide. treatment to a
minor under the provisions of this section. No provider may
admit a minor to treatment under this section unless it is
medically necessary.
(5) No minor receiving inpatient treatment under this
section may be discharged from the program based solely on
his or her request. [1998 c 296 § 27.]
Purpose -1998 c 296 §§ 27 and 29: "It is the purpose of sections
27 and 29 of this act to assure the ability of parents to exercise reasonable,
compassionate care and control of their minor children when there is a
medical necessity for treatment and without the.requirement of filing a
petition under chapter 70.96A RCW." [1998 c 296 § 33.] .
Findings — Intent —Part headings not law —Short title -1998 c 296:
See notes following RCW 74.1.3.025.
70.96A.250 Minor— Parent may request determina-
tion whether minor has chemical dependency requiring
outpatient treatment— Consent of minor not required —
Discharge of minor. (1) A parent may bring, or authorize
the bringing of, his or her minor child to a provider of
outpatient chemical dependency treatment and request that an
appropriately trained professional person examine the minor
to determine whether the minor has a chemical dependency
and is in need of outpatient treatment.
(2) The consent of the minor is not required for evalua-
tion if the parent brings the minor to the provider.
(3) The professional person in charge of the program
may evaluate whether the minor has a chemical dependency
and is in need of outpatient treatment.
(4) Any minor admitted to inpatient treatment under
RCW 70.96A.245 shall be discharged immediately from
inpatient treatment upon written request of the parent. [1998
c 296 § 29.]
Purpose -1998 c 296 §§ 27 and 29: See note following RCW
70.96A.245.
Findings — Intent —Part headings not law —,Short title -1998 c 2%:
See notes following RCW 74.13.025.
70.96A.255 Minor — Petition to superior court for
release from facility. Following the review conducted
under RCW 70.96A.097, a minor child may petition the
superior court for his or her release from the facility. The
petition may be filed not sooner than five days following the
review. The court shall release the minor unless it finds,
upon a preponderance of the evidence, that it is a medical
necessity for the minor to remain at the facility. [1998 c
296 § 30.]
Findings — Intent —Part headings not law--Short title -1998 c 296:
See notes following RCW 74.13.025.
70.96A.260 Minor —Not released by petition under
RCW 70.96A.255- Release within thirty days —
Professional may initiate proceedings to stop release. If
the minor is not released as a result of the petition filed
under RCW 70.96A.255, he or she shall be released not later
than thirty days following the later of: (1) The date of the
department's determination under RCW 70.96A.097(2); or
(2) the filing of a petition for judicial review under RCW
70.96A.255, unless a professional person or the designated
chemical dependency specialist initiates proceedings under
this chapter. [1998 c 296 § 31.]
Findings — Intent —Part headings not law —Short title -1998 c 296:
See notes following RCW 74.13.025.
70.96A.265 Minor — Eligibility for medical assis-
tance under chapter 74.09 RCW— Payment by depart-
ment. For purposes of eligibility for medical assistance
under chapter 74.09 RCW, minors in inpatient chemical
dependency treatment shall be considered to be part of their
parent's or legal guardian's household, unless the minor has
been assessed by the department or its designee as likely to
require such treatment for at least ninety consecutive days,
or is in out -of -home care in accordance with chapter 13.34
RCW, or the parents are found to not be exercising responsi-
bility for care and control of the minor. Payment for such
care by the department shall be made only in accordance
with rules, guidelines, and clinical criteria applicable to
inpatient treatment of minors established by the department.
[ 1998 c 296 § 32.]
Findings — Intent —Part headings not law —Short title -1998 c 296:
See notes following RCW 74.13.025.
[Title 70 RCW —page 260] (2002 Ed.)
Treatment for Alcoholism, Intoxication, and Drug Addiction
70.96A.300 Counties may create alcoholism and
other drug addiction board — Generally. (1) A county or
combination of counties acting jointly by agreement, referred
to as "county" in this chapter, may create an alcoholism and
other drug addiction board. This board may also be desig-
nated as a board for other related purposes.
(2) The board shall be composed of not less than seven
nor more than fifteen members, who shall be chosen for
their demonstrated concern for alcoholism and other drug
addiction problems. Members of the board shall be rep-
resentative of the community, shall include at least one -
quarter recovered alcoholics or other recovered drug addicts,
and shall include minority group representation. No member
may be a provider of alcoholism and other drug addiction
treatment services. No more than four elected or appointed
city or county officials may serve on the board at the same
time. , Members of the board shall serve three -year terms and
hold office until their successors are appointed and qualified.
They shall not be compensated for the performance of their
duties as members of the board, but may be reimbursed for
travel expenses.
(3) The alcoholism and other drug addiction board shall:
(a) Conduct public hearings and other investigations to
determine the needs and priorities of county citizens;
(b) Prepare and recommend to the county legislative
authority for approval, all plans, budgets, and applications by
the county to the department and other state agencies on
behalf of the county alcoholism and other drug addiction
program;
(c) Monitor the implementation of the alcoholism and
other drug addiction plan and evaluate the performance of
the alcoholism and drug addiction program at least annually;
(d) Advise the county legislative authority and county
alcoholism and other drug addiction program coordinator on
matters relating to the alcoholism and other drug addiction
program, including prevention and education;
(e) Nominate individuals to the county legislative
authority for the position of county alcoholism and other
drug addiction program coordinator. The nominees should
have training and experience in the administration of
alcoholism and other drug addiction services and shall meet
the minimum qualifications established by rule of the
department;
(f) Carry out other duties that the department may
prescribe by rule. [1989 c 270 § 15.]
70.96A.310 County alcoholism and other drug
addiction program —Chief executive officer of program
to be program coordinator. (1) The chief executive officer
of the county alcoholism and other drug addiction program
shall be the county alcoholism and other drug addiction
program coordinator. The coordinator shall:
(a) In consultation with the county alcoholism and other
drug addiction board, provide general supervision over the
county alcoholism and other drug addiction program;
(b) Prepare plans and applications for funds to support
the alcoholism and other drug addiction program in consulta-
tion with the county alcoholism and other drug addiction
board;
(c) Monitor the delivery of services to assure
conformance with plans and contracts and, at the discretion
70.96A.300
of the board, but at least annually, report to the alcoholism
and other drug addiction board the results of the monitoring;
(d) Provide staff support to the county alcoholism and
other drug addiction board.
(2) The county alcoholism and other drug addiction
program coordinator shall be appointed by the county
legislative authority from nominations by the alcoholism and
other drug addiction program board. The coordinator may
serve on either a full-time or part -time basis. Only with the
prior approval of the secretary may the coordinator be an
employee of a government or private agency under contract
with the department to provide alcoholism or other drug
addiction services. [1989 c 270 § 16.]
. 70.96A.320 Alcoholism and other drug addiction
program Generally. (1) A county legislative authority, or
two or more counties acting jointly, may establish an
alcoholism and other drug addiction program. If two or
more counties jointly establish the program, they shall
designate one county to provide administrative and financial
services.
(2) To be eligible for funds from the department for the
support of the county alcoholism and other drug addiction
program, the county legislative authority shall establish 'a
county alcoholism and other drug addiction board under
RCW 70.96A.300 and appoint a county alcoholism and other
drug addiction program coordinator under RCW 70.96A.310.
(3) The county legislative authority may apply to the
department for financial support for the county program of
alcoholism and other drug addiction. To receive financial
support, the county legislative authority shall submit a plan
that meets the following conditions:
(a) It shall describe the services and activities to be pro-
vided;
(b) It shall include anticipated expenditures and reve-
nues;
(c) It shall be prepared by the county alcoholism and
other drug addiction program board and be adopted by the
county legislative authority;
(d) It shall reflect maximum effective use of existing
services and programs; and
(e) It shall meet other conditions that the secretary may
require.
(4) The county may accept and spend gifts, grants, and
fees, from public and private sources, to implement its
program of alcoholism and other drug addiction.
(5) The county may subcontract for detoxification,
residential treatment, or outpatient treatment with treatment
programs that are approved treatment programs. The county
may subcontract for other services with individuals or orga-
nizations approved by the department.
(6) To continue to be eligible for financial support from
the department for the county alcoholism and other drug
addiction program, an increase in state financial support shall
not be used to supplant local funds from a source that was
used to support the county alcoholism and other drug
addiction program before the effective date of the increase.
[1990 c 151 § 9; 1989 c 270 § 17.]
70.96A.350 Criminal justice treatment account. (1)
The criminal justice treatment account is created in the state
(2002 Ed.) [Title 70 RCW —page 2611
70.96A.350 Title 70 RCW: Public Health and Safety
treasury. Moneys in the account may be expended solely
for: (a) Substance abuse treatment and treatment support
services for offenders with an addiction or a substance abuse
problem that, if not treated, would result in addiction, against
whom charges are filed by a prosecuting attorney in Wash-
ington state; and (b) the provision of drug and alcohol
treatment services and treatment support services for nonvio-
lent offenders within a drug court program. Moneys in the
account may be spent only after appropriation.
(2) For purposes of this section:
(a) "Treatment" means services that are critical to a
participant's successful completion of his or her substance
abuse treatment program, but does not include the following
services: Housing other than that provided as part of an
inpatient substance. abuse treatment program, vocational
training, and mental health counseling; and
(b) "Treatment support" means transportation to or from
inpatient or outpatient treatment services when no viable
alternative exists, and child care services that are necessary
to ensure a participant's ability to attend outpatient treatment
sessions.
(3) Revenues to the criminal justice treatment account
consist of: (a) Savings to the state general fund resulting
from implementation of chapter 290, Laws of 2002, as
calculated pursuant to this section; and (b). any other reve-
nues appropriated to or deposited in the account.
(4)(a) The department of corrections, the sentencing
guidelines commission, the office of financial management,
and the caseload forecast council shall develop a meth-
odology for calculating the projected biennial savings under
this section. Savings shall be projected for the fiscal
biennium beginning on July 1, 2003, and for each biennium
thereafter. By September 1, 2002, the proposed methodolo-
gy shall be submitted to the governor and the appropriate
committees of the legislature. The methodology is deemed
approved unless the legislature enacts legislation to modify
or reject the methodology.
(b) When the department of corrections submits its
biennial budget request to the governor in 2002 and in each
even - numbered year thereafter, the department of corrections
shall use the methodology approved in (a) of this subsection
to calculate savings to the state general fund for the ensuing
fiscal biennium resulting from reductions in drug offender
sentencing as a result of sections 2 and 3, chapter 290, Laws
of 2002 and sections 7, 8, and 9, chapter 290, Laws of 2002.
The department shall report the dollar amount of the savings
to the state treasurer, the office of financial management, and
'the fiscal committees of the legislature.
(c) For the fiscal biennium beginning July 1, 2003, and
each fiscal biennium thereafter, the state treasurer shall
transfer seventy -five percent of the amount reported in (b) of
this subsection from the general fund into the criminal
justice treatment account, divided into eight equal quarterly
payments. However, the amount transferred to the criminal
justice treatment account shall not exceed the limit of eight
million two hundred fifty thousand dollars per fiscal year.
After the first fiscal year in which the amount to be trans-
ferred equals or exceeds eight million two hundred fifty
thousand dollars, this limit shall be increased on an annual
basis by the implicit price deflator as published by the
federal bureau of labor statistics.
[Title 70 RCW —page 262]
(d) For the fiscal biennium beginning July 1, 2003, and
each biennium thereafter, the state treasurer shall transfer
twenty -five percent of the amount reported in (b) of this
subsection from.the general fund into the violence reduction
and drug enforcement account, divided into eight quarterly
payments. The amounts transferred pursuant to this subsec-
tion (4)(d) shall be used solely for providing drug and
alcohol treatment services to offenders confined in a state
correctional facility receiving a reduced sentence as a result
of implementation of chapter 290, Laws of 2002 and who
are assessed with an addiction or a substance abuse problem
that if not treated would result in addiction. Any excess
funds remaining after providing drug and alcohol treatment
services to offenders receiving a reduced sentence as a result
of implementation of chapter 290, Laws of 2002 may be
expended to provide treatment for offenders confined in a
state correctional facility and who are assessed with an
addiction or a substance abuse problem that contributed to
the crime.
(e) In each odd- numbered year, the legislature shall
appropriate the amount transferred to the criminal justice
treatment account in (c) of this subsection to the division of
alcohol and substance abuse for the purposes of subsection
(5) of this section.
(5) Moneys appropriated to the division of alcohol and
substance abuse from the criminal justice treatment account
shall be distributed as specified in this subsection. The
department shall serve as the fiscal agent for purposes of
distribution. Until July 1, 2004, the department may not use
moneys appropriated from the criminal justice treatment
account for administrative expenses .and shall distribute all
amounts appropriated under subsection (4)(e) of this section
in accordance with this subsection. Beginning in July 1.,
2004, the department may retain up to three percent of the
amount appropriated under subsection (4)(e) of this section
for its administrative costs.
(a) Seventy percent of amounts appropriated to the
division from the account shall be distributed to counties
pursuant to the distribution formula adopted under this
section. The division of alcohol and substance abuse, in
consultation with the department of corrections, the sentenc-
ing guidelines commission, the Washington state association
of counties, the Washington state association of drug court
professionals, the superior court judges' association, the
Washington association of prosecuting attorneys, representa-
tives of the criminal defense bar, representatives of substance
abuse treatment providers, and any other person deemed by
the division to be necessary, shall establish a fair and
reasonable methodology for distribution to counties of
moneys in the criminal justice treatment account. County or
regional plans submitted for the expenditure of formula
funds must be approved by the panel established in (b) of
this subsection.
(b) Thirty percent of the amounts appropriated to the
division from the account shall be distributed as grants for
purposes of treating offenders against whom charges are
filed by a county prosecuting attorney. The division shall
appoint a panel of representatives from the Washington
association of prosecuting attorneys, the Washington associa-
tion of sheriffs and police chiefs, the superior court judges'
association, the Washington state association of counties, the
Washington defender's association or the Washington asso-
(2002 Ed.)
Treatment for Alcoholism, Intoxication, and Drug Addiction
ciation of criminal defense lawyers, the department of
corrections, the Washington state association of drug court
professionals, substance abuse treatment providers, and the
division. The panel shall review county or regional plans. for
funding under (a) of this subsection and grants approved
under this subsection. The panel shall attempt to ensure .that
treatment as funded by the grants is available to offenders
statewide.
(6) The county alcohol and drug coordinator, county
prosecutor, county sheriff, county superior court, a substance
abuse treatment provider appointed by the county legislative
authority, a member of the criminal defense bar appointed by
the county legislative authority, and, in counties with a drug
court, a representative of the drug court shall jointly submit
a plan, approved by the county legislative authority or
authorities, to the panel established in subsection (5)(b) of
this section, for disposition of all the funds provided from
the criminal justice treatment account within that county.
The funds shall be used solely to provide approved alcohol
and substance abuse treatment pursuant to RCW 70.96A.090
and treatment support services. No more than ten percent of
the total moneys received under subsections (4) and (5) of
this section by a county or group of counties participating in
a regional agreement shall be spent for treatment support
services.
(7) Counties are encouraged to consider regional
agreements and submit regional plans for the efficient
delivery of treatment under this section.
(8) Moneys allocated under this section shall be used to
supplement, not supplant, other federal, state, and local funds
used for substance abuse treatment.
(9) Counties must meet the criteria established in RCW
2.28.170(3)(b). [2002 c 290 § 4.]
Effective date -2002 c 290 §§ 1, 4 -6, 12, 13, 26, and 27: "Sections
1, 4 through 6, 12, 13, 26, and 27 of this act are necessary for the
immediate preservation of the public peace, health, or safety, or support of
the state government and its existing public institutions, and take effect
immediately [April 1, 20021." (2002 c 290 § 32.)
Intent -2002 c 290: See note following RCW 9.94A.517.
Severability -2002 c 290: See RCW 9.94A.924.
70.96A.400 Opiate substitution treatment —
Declaration of regulation by state. The state of Washing-
ton declares that there is no fundamental right to opiate
substitution treatment. The state of Washington further
declares that while opiate substitution drugs used in the
treatment of opiate dependency are addictive substances, that
they nevertheless have several legal, important, and justified
uses and that one of their appropriate and legal uses is, in
conjunction with other required therapeutic procedures, in the
treatment of persons addicted to or habituated to opioids.
Opiate substitution treatment should only be used for
participants who are deemed appropriate to need this level of
intervention and should not be the first treatment intervention
for all opiate addicts.
Because opiate substitution drugs, used in the treatment
of opiate dependency are addictive and are listed as a
schedule II controlled substance in chapter 69.50 RCW, the
state of Washington has the legal obligation and right to
regulate the use of opiate substitution treatment. The state
of Washington declares its authority to control and regulate
carefully, in consultation with counties and cities, all clinical
70.96A.350
uses of opiate substitution drugs used in the treatment of
opiate addiction.
Further, the state declares that the primary goal of opiate
substitution treatment is total abstinence from chemical
dependency for the individuals who participate in the
treatment program. The state recognizes that a small per-
centage of persons who participate in opiate substitution
treatment programs require treatment for an extended period
of time. Opiate substitution treatment programs shall
provide a comprehensive transition program to eliminate
chemical dependency, including opiate and opiate substitute
addiction of program participants. [2001 c 242 § 1; 1995 c
321 § 1; 1989 c 270 § 20.1
70.96A.410 Opiate substitution treatment — Program
certification by department, department duties —
Definition of opiate substitution treatment. (1) For
purposes of this section, "area" means the county in which
an applicant proposes to locate a certified program and
counties adjacent, or near to, the county in which the
program is proposed to be located.
When making a decision on an application for certifica-
tion of a program, the department shall:
(a) Consult with the county legislative authorities in the
area in which an applicant proposes to locate a program and
the city legislative authority in any city in which an applicant
proposes to locate a program;
(b) Certify only programs that will be sited in accor-
dance with the appropriate county or city land use ordinanc-
es. Counties and cities may require conditional or special
use permits with reasonable conditions for the siting of pro-
grams. Pursuant to RCW 36.70A.200, no local comprehen-
sive plan or development regulation may preclude the siting
of essential public facilities;
(c) Not discriminate in its certification decision on the
basis of the corporate structure of the applicant;
(d) Consider the size of the population in need of
treatment in the area in which the program would be located
and certify only applicants whose programs meet the nec-
essary treatment needs of that population;
(e) Demonstrate a need in the community for opiate
substitution treatment and not certify more program slots
than justified by the need in that community. No program
shall exceed three hundred fifty participants unless specifi-
cally authorized by the county in which the program is
certified;
(f) Consider the availability of other certified programs
near the area in which the applicant proposes to locate the
program;
(g) Consider the transportation systems that would
provide service to the program and whether the systems will
provide reasonable opportunities to access the program for
persons in need of treatment;
(h) Consider whether the applicant has, or has demon-
strated in the past, the capability to provide the appropriate
services to assist the persons who utilize the program in
meeting goals established by the legislature, including
abstinence from opiates and opiate substitutes, obtaining
mental health treatment, improving economic independence,
and reducing adverse consequences associated with illegal
use of controlled substances. The department shall prioritize
(2002 Ed.) [Title 70 RCW —page 2631
70.96A.410
Title 70 RCW: Public Health and Safety
certification to applicants who have demonstrated such
capability;
(i) Hold at least one public hearing in the county in
which the facility is proposed to be located and one hearing
in the area in which the facility is proposed to be located.
The hearing shall be held at a time and location that are
most likely to permit the largest number of interested
persons to attend and present testimony. The department
shall notify all appropriate media outlets of the time, date,
and location of the hearing at least three weeks in advance
of the hearing.
(2) A program applying for certification from the
department and a program applying for a contract from a
state agency that has been denied the certification or contract
shall be provided with a written notice specifying the ra-
tionale and reasons for the denial.
(3) For the purpose of this chapter, opiate substitution
treatment means:
(a) Dispensing an opiate substitution drug approved by
the federal drug administration for the treatment of opiate
addiction; and
(b) Providing a comprehensive range of medical and
rehabilitative services. [2001 c 242 § 2; 1995 c 321 § 2;
1989 c 270 § 21.]
'70.96A.420 Statewide treatment and operating
standards for opiate substitution programs — Evaluation
and report. (1) The department, in consultation with opiate
substitution treatment service providers and counties and
cities, shall establish statewide treatment standards for
certified opiate substitution treatment programs. The
department shall enforce these treatment standards. The
treatment standards shall include, but not be limited to, rea-
sonable provisions for all appropriate and necessary medical
procedures, counseling requirements, urinalysis, and other
suitable tests as needed to ensure compliance with this
chapter.
. (2) The department, in consultation with opiate substitu-
tion treatment programs and counties, shall establish state-
wide operating standards for certified opiate substitution
treatment programs. The department shall enforce these
operating standards. The operating standards shall include,
but not be limited to, reasonable provisions necessary to
enable the department and counties to monitor certified and
licensed opiate substitution treatment programs for compli-
ance with this chapter and the treatment standards authorized
by this chapter and to minimize the impact of the opiate
substitution treatment programs upon the business and
residential neighborhoods in which the program is located.
(3) The department shall establish criteria for evaluating
the compliance of opiate substitution treatment programs
with the goals and standards established under this chapter.
As a condition of certification, opiate substitution programs
shall submit an annual report to the department and county
legislative authority, including data as specified by the
department necessary for outcome analysis. The department
shall analyze and evaluate the data submitted by each
treatment program and take corrective action where neces-
sary to ensure compliance with the goals and standards
enumerated under this chapter.
(4) Before January lst of each year, the secretary shall
submit a report to the legislature and governor. The report
shall include the number of persons enrolled in each treat-
ment program during the period covered by the report, the
number of persons who leave each treatment program
voluntarily and involuntarily, and an outcome analysis of
each treatment program. For purposes of this subsection,
"outcome analysis" shall include but not be limited to: The
number of people who, as a result of participation in the
program, are able to abstain from opiates; reduction in use
of opiates; reduction in criminal conduct; achievement of
economic independence; and reduction in utilization of health
care. The report shall include information on an annual and
cumulative basis beginning on July 22, 2001. [2001 c 242
§ 3; 1998 c 245 § 135; 1995 c 321 § 3; 1989 c 270 § 22.]
70.96A.430 Inability to contribute to cost no bar to admission —
Department may limit admissions. The department shall not refuse
admission for diagnosis, evaluation, guidance or treatment to any applicant
because it is determined that the applicant is financially unable to contribute
fully or in part to the cost of any services or facilities available under the
program on alcoholism.
The department may limit admissions of such applicants or modify its
programs in order to ensure that expenditures for services or programs do
not exceed amounts appropriated by the legislature and are allocated by the
department for such services or programs. The department may establish
admission priorities in the event that the number of eligible applicants
exceeds the limits set by the department. [1989 c 271 § 308; 1959 c 85 §
15. Formerly RCW 70.96.150.1
Reviser's note: This section was also repealed by 1989 c 270 § 35,
without cognizance of its amendment by 1989 c 271 § 308; and subsequent-
ly recodified pursuant to 1993 c 131 § 1. For rule of construction
concerning sections amended and repealed in the same legislative session,
see RCW 1.12.025.
Severability -1989 c 271: See note following RCW 9.94A.510.
70.96A.500 Fetal alcohol screening and assessment
services. The department shall contract with the University
of Washington fetal alcohol syndrome clinic to provide fetal
alcohol exposure screening and assessment services. The
University indirect charges shall not exceed ten percent of
the total contract amount. The contract shall require the
University of Washington fetal alcohol syndrome clinic to
provide the following services:
(1) Training for health care staff in community -based
fetal alcohol exposure clinics to ensure the accurate diagno-
sis of individuals with fetal alcohol exposure and the
development and implementation of appropriate service
referral plans;
(2) Development of written or visual educational
materials for the individuals diagnosed with fetal alcohol
exposure and their families or caregivers;
(3) Systematic information retrieval from each commu-
nity clinic to (a) maintain diagnostic accuracy and reliability
across all community clinics, (b) facilitate the development
of effective and efficient screening tools for population -based
identification of individuals with fetal alcohol exposure, (c)
facilitate identification of the most clinically efficacious and
cost - effective educational, social, vocational, and health
[Title 70 RCW —page 2641 (2002 Ed.)
Treatment for Alcoholism, Intoxication, and Drug Addiction
service interventions for individuals with fetal alcohol
exposure;
(4) Based on available funds, establishment of a network
of community -based fetal alcohol exposure clinics across the
state to meet the demand for fetal alcohol exposure diagnos-
tic and referral services; and
(5) Preparation of an annual report for submission to the
department of health, the department of social and health
services, the department of corrections, and the office of the
superintendent of public instruction which includes the
information retrieved under subsection (3) of this section.
[1998 c 245 § 136; 1995 c 54 § 2.]
Findings— Purpose -1995 c 54: "The legislature finds that fetal
alcohol exposure is among the leading known causes of mental retardation
in the children of our state. The legislature further finds that individuals
with undiagnosed fetal alcohol exposure suffer substantially from secondary
disabilities such as child abuse and neglect, separation from families,
multiple foster placements, depression, aggression, school failure, juvenile
detention, and job instability. These secondary disabilities come at a high
cost to the individuals, their family, and society. The legislature finds that
these problems can be reduced substantially by early diagnosis and receipt
of appropriate, effective intervention.
The purpose of this act is to support current public and private efforts
directed at the early identification of and intervention into the problems
associated with fetal alcohol exposure through the creation of a fetal alcohol
exposure clinical network." [1995 c 54 § 1.1
70.96A.510 Interagency agreement on fetal alcohol
exposure programs. The department of social and health
services, the department of health, the department of cor-
rections, and the office of the superintendent of public
instruction shall execute an interagency agreement to ensure
the coordination of identification, prevention, and interven-
tion programs for children who have fetal alcohol exposure,
and for women who are at high risk of having children with
fetal alcohol exposure.
The interagency agreement shall provide a process for
community advocacy groups to participate in the review and
development of identification, prevention, and intervention
programs administered or contracted for by the agencies
executing this agreement. [1995 c 54 § 3.]
Findings— Purpose -1995 c 54: See note following RCW
70.96A.500.
70.96A.520 Chemical dependency treatment expen-
ditures— Prioritization — Report. The department shall
prioritize expenditures for treatment provided under RCW
13.40.165. The department shall provide funds for inpatient
and outpatient treatment providers that are the most success-
ful, using the standards developed by the University of
Washington under section 27, chapter 338, Laws of 1997.
The department may consider variations between the nature
of the programs provided and clients served but must
provide funds first for those programs that demonstrate the
greatest success in treatment within categories of treatment
and the nature of the persons receiving treatment.
The department shall, not later than January 1st of each
year, provide a report to the governor and the legislature on
the success rates of programs funded under this section.
[1997 c 338 § 28.]
Finding — Evaluation— Report -1997 c 338: See note following
RCW 13.40.0357.
Severability— Effective dates -1997 c 338: See notes following
RCW 5.60.060.
70.96A.500
70.96A.905 Uniform application of chapter —
Training for county- designated mental health profes-
sionals. The department shall ensure that the provisions of
this chapter are applied by the counties in a consistent and
uniform manner. The department shall also ensure that, to
the extent possible within available funds, the county- desig-
nated chemical dependency specialists are specifically trained
in adolescent chemical dependency issues, the chemical
dependency commitment laws, and the criteria for commit-
ment. [1992 c 205 § 306.]
Part headings not law — Severability -1992 c 205: See notes
following RCW 13.40.010.
70.96A.910 Application— Construction -1972 ex.s.
c 122. This act shall be so applied and construed as to
effectuate its general purpose to make uniform the law with
respect to the subject of this act among those states which
enact it. [1972 ex.s. c 122 § 22.]
70.96A.915 Department allocation of funds —
Construction. The department is authorized to allocate
appropriated funds in the manner that it determines best
meets the purposes of this chapter. Nothing in this chapter
shall be construed to entitle any individual to services
authorized in this chapter, or to require the department or its
contractors to reallocate funds in order to ensure that
services are available to any eligible person upon demand.
[1989 c 271 § 309.1
Severability -1989 c 271: See note following RCW 9.94A.510.
70.96A.920 Severability -1972 ex.s. c 122. If any
provision of this act or the application thereof to any person
or circumstance is held invalid, the invalidity does not affect
other provisions or applications of the act which can be
given effect without the invalid provision or application, and
to this end the provisions of this act are severable. [1972
ex.s. c 122 § 20.]
70.96A.930 Section, subsection headings not part of
law. Section or subsection headings as used in this chapter
do not constitute any part of the law. [1972 ex.s. c 122 §
27.]
Chapter 70.98
NUCLEAR ENERGY AND RADIATION
Sections
70.98.010 Declaration of policy.
70.98.020 Purpose.
70.98.030 Definitions.
70.98.050 State radiation control agency.
70.98.080 Rules and regulations— Licensing requirements and proce-
dure— Notice of license application—Objections-
Notice upon granting of license— Registration of sources
of ionizing radiation — Exemptions from registration or
licensing.
70.98.085 Suspension and reinstatement of site use permits —
Surveillance fee.
70.98.090 Inspection.
70.98.095 Financial assurance — Noncompliance.
70.98.098 Financial assurance— Generally.
70.98.100 Records.
(2002 Ed.) [Title 70 RCW —page 2651
MML
Affidavit of Publication
STATE OF WASHINGTON,
COUNTY OF SNOHONHSH S.S.
SUMMARY OF— OBD1NANCEJYO�3445
of the City of Edmonds, Washington
On the 25th day of March, 2003, the City Council of the
City of Edmonds, passed Ordinance No. 3445. A summery of
the content of said ordinance, consisting of the tRle, provides
as follows:
AN ORDINANCE OF THE CITY OF EDMONDS, WASH-
INGTON, ADOPTED PURSUANT TO RCW 35A.63.220;
ADOPTING AN INTERIM ZONING REGULATION IM-
POSING A MORATORIUM ON THE PROCESSING OF
PERMIT AND LICENSE APPLICATIONS FOR THE ES-
TABLISHMENT OF OPIATE SUBSTITUTION TREAT-
MENT SERVICE PROVIDER FACILITIES WITHIN THE
CITY, ESTABLISHING A PUBLIC HEARING DATE
WITHIN SIXTY DAYS OF THE ADOPTION OF THIS
ORDINANCE; AND FIXING A TIME WHEN THE SAME
SHALL BECOME EFFECTIVE.
The full text of this Ordinance will be mailed upon request.
DATED this 26th day of March, 2003.
CITY CLERK, SANDRA S. CHASE
Published: March 30, 2003.
RECEIVED
APR 0 3 2003
EDMONDS CITY G.ERK
The undersigned, being first duly swom on oath deposes and says that she is Principal Clerk
of THE HERALD, a daily newspaper printed and published in the City of Everett, County of
Snohomish, and State of Washington; that said newspaper is a newspaper of general
circulation in said County and State; that said newspaper has been approved as a legal
newspaper by order of the Superior Court of Snohomish County and that the notice
City of Edmonds
Summary of Ordinance No. 3445
a printed copy of which is hereunto attached, was published in said newspaper proper and not
in supplement form, in the regular and entire edition of said paper on the following days and
times, namely:
March 30, 2003
and that said newspaper was regularly distributed to its subscribers during all of said period.
r
Principal Clerk
Subscribed and swom to before me this 31st
day
in and for the State of
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Account Name: City Of Edmonds Edmonds, City Of Account Number. 101416 Order Number. 0001018642