Chapter 74.50 RCW

ALCOHOLISM AND DRUG ADDICTION TREATMENT AND SUPPORT

Sections

74.50.010Legislative findings.
74.50.011Additional legislative findings.
74.50.035Shelter servicesEligibility.
74.50.040Client assessment, treatment, and support services.
74.50.050Treatment services.
74.50.055Treatment servicesEligibility.
74.50.060Shelter assistance program.
74.50.070County multipurpose diagnostic center or detention center.
74.50.080RulesDiscontinuance of service.
74.50.900Short title.

NOTES:

Alcoholism, intoxication, and drug addiction treatment: Chapter 70.96 RCW.
Applicability of chapter 74.08 RCW: RCW 74.08.900.


Legislative findings. (Effective until January 1, 2020.)

The legislature finds:
(1) There is a need for reevaluation of state policies and programs regarding indigent alcoholics and drug addicts;
(2) The practice of providing a cash grant may be causing rapid caseload growth and attracting transients to the state;
(3) Many chronic public inebriates have been recycled through county detoxification centers repeatedly without apparent improvement;
(4) The assumption that all individuals will recover through treatment has not been substantiated;
(5) The state must modify its policies and programs for alcoholics and drug addicts and redirect its resources in the interests of these individuals, the community, and the taxpayers; and
(6) Treatment resources should be focused on persons willing to commit to rehabilitation; and
(7) It is the intent of the legislature that, to the extent possible, shelter services be developed under this chapter that do not result in the displacement of existing emergency shelter beds. To the extent that shelter operators do not object, it is the intent of the legislature that any vacant shelter beds contracted for under this chapter be made available to provide emergency temporary shelter to homeless individuals.



Additional legislative findings. (Effective until January 1, 2020.)

The legislature recognizes that alcoholism and drug addiction are treatable diseases and that most persons with this illness can recover. For this reason, this chapter provides a range of substance abuse treatment services. In addition, the legislature recognizes that when these diseases have progressed to the stage where a person's alcoholism or drug addiction has resulted in physiological or organic damage or cognitive impairment, shelter services may be appropriate. The legislature further recognizes that distinguishing alcoholics and drug addicts from persons incapacitated due to physical disability or mental illness is necessary in order to provide an incentive for alcoholics and drug addicts to seek appropriate treatment and in order to avoid use of programs that are not oriented toward their conditions.

NOTES:

Study and report1989 1st ex.s. c 18: "The department of social and health services shall:
(1) Collect and maintain relevant demographic data regarding persons receiving or awaiting treatment services under this chapter;
(2) Collect and maintain utilization data on inpatient treatment, outpatient treatment, shelter services, and medical services;
(3) Monitor contracted service providers to ensure conformance with the omnibus appropriations act and the treatment priorities established in this chapter;
(4) Report the results of the data collection and monitoring provided for in this section to appropriate committees of the legislature on or before December 1, 1989, and December 1, 1990." [ 1989 1st ex.s. c 18 § 7.]
Severability1989 1st ex.s. c 18: "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." [ 1989 1st ex.s. c 18 § 9.]
Effective date1989 1st ex.s. c 18: "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 July 1, 1989." [ 1989 1st ex.s. c 18 § 10.]



Shelter servicesEligibility. (Effective until January 1, 2020.)

A person is eligible for shelter services under this chapter only if he or she:
(1) Meets the financial eligibility requirements contained in RCW 74.04.005;
(2) Is incapacitated from gainful employment due to a condition contained in subsection (3) of this section, which incapacity will likely continue for a minimum of sixty days; and
(3)(a) Suffers from active addiction to alcohol or drugs manifested by physiological or organic damage resulting in functional limitation, based on documented evidence from a physician, psychologist, or alcohol or drug treatment professional who is determined by the department to be qualified to make this finding; or
(b) Suffers from active addiction to alcohol or drugs to the extent that impairment of the applicant's cognitive ability will not dissipate with sobriety or detoxification, based on documented evidence from a physician, psychologist, or alcohol or drug treatment professional who is determined by the department to be qualified to make this finding.

NOTES:

Study and reportSeverabilityEffective date1989 1st ex.s. c 18: See notes following RCW 74.50.011.



Client assessment, treatment, and support services. (Effective until January 1, 2020.)

(1) The department shall provide client assessment, treatment, and support services. The assessment services shall include diagnostic evaluation and arranging for admission into treatment or supported living programs.
(2) The department shall assist clients in making application for supplemental security benefits and in obtaining the necessary documentation required by the federal social security administration for such benefits.



Treatment services. (Effective until January 1, 2020.)

(1) The department shall establish a treatment program to provide, within available funds, alcohol and drug treatment services for indigent persons eligible under this chapter. The treatment services may include but are not limited to:
(a) Intensive inpatient treatment services;
(b) Recovery house treatment;
(c) Outpatient treatment and counseling, including assistance in obtaining employment, and including a living allowance while undergoing outpatient treatment. The living allowance may not be used to provide shelter to clients in a dormitory setting that does not require sobriety as a condition of residence. The living allowance shall be administered on the clients' behalf by the outpatient treatment facility or other social service agency designated by the department. The department is authorized to pay the facility a fee for administering this allowance.
(2) The department may require an applicant or recipient selecting treatment to complete inpatient and recovery house treatment when, in the judgment of a designated assessment center, such treatment is necessary prior to providing the outpatient program.

NOTES:

Study and reportSeverabilityEffective date1989 1st ex.s. c 18: See notes following RCW 74.50.011.



Treatment servicesEligibility. (Effective until January 1, 2020.)

(1) A person shall not be eligible for treatment services under this chapter unless he or she:
(a) Meets the income and resource eligibility requirements for the medical care services program under *RCW 74.09.035(1)(a)(iv) and (v); and
(b) Is incapacitated from gainful employment, which incapacity will likely continue for a minimum of sixty days.
(2) First priority for receipt of treatment services shall be given to pregnant women and parents of young children.
(3) In order to rationally allocate treatment services, the department may establish by rule caseload ceilings and additional eligibility criteria, including the setting of priorities among classes of persons for the receipt of treatment services. Any such rules shall be consistent with any conditions or limitations contained in any appropriations for treatment services.

NOTES:

*Reviser's note: RCW 74.09.035 was amended by 2013 2nd sp.s. c 10 § 7, deleting subsection (1)(a)(iv) and (v), effective January 1, 2014.
FindingsIntent2011 1st sp.s. c 36: See RCW 74.62.005.
Effective date2011 1st sp.s. c 36: See note following RCW 74.62.005.
Study and reportSeverabilityEffective date1989 1st ex.s. c 18: See notes following RCW 74.50.011.



Shelter assistance program. (Effective until January 1, 2020.)

The department shall establish a shelter assistance program to provide, within available funds, shelter for persons eligible under this chapter. "Shelter," "shelter support," or "shelter assistance" means a facility under contract to the department providing room and board in a supervised living arrangement, normally in a group or dormitory setting, to eligible recipients under this chapter. This may include supervised domiciliary facilities operated under the auspices of public or private agencies. No facility under contract to the department shall allow the consumption of alcoholic beverages on the premises. The department may contract with counties and cities for such shelter services. To the extent possible, the department shall not displace existing emergency shelter beds for use as shelter under this chapter. In areas of the state in which it is not feasible to develop shelters, due to low numbers of people needing shelter services, or in which sufficient numbers of shelter beds are not available, the department may provide shelter through an intensive protective payee program, unless the department grants an exception on an individual basis for less intense supervision.

NOTES:

FindingsIntent2011 1st sp.s. c 36: See RCW 74.62.005.
Effective date2011 1st sp.s. c 36: See note following RCW 74.62.005.
FindingsIntentShort titleEffective date2010 1st sp.s. c 8: See notes following RCW 74.04.225.
Study and reportSeverabilityEffective date1989 1st ex.s. c 18: See notes following RCW 74.50.011.



County multipurpose diagnostic center or detention center. (Effective until January 1, 2020.)

(1) If a county elects to establish a multipurpose diagnostic center or detention center, the alcoholism and drug addiction assessment service under RCW 74.50.040 may be integrated into the services provided by such a center.
(2) The center may be financed from funds made available by the department for alcoholism and drug addiction assessments under this chapter and funds contained in the department's budget for detoxification, involuntary detention, and involuntary treatment under chapter 71.05 RCW. The center may be operated by the county or pursuant to contract between the county and a qualified organization.

NOTES:

Effective dates2016 sp.s. c 29: See note following RCW 71.05.760.
Short titleRight of action2016 sp.s. c 29: See notes following RCW 71.05.010.



RulesDiscontinuance of service. (Effective until January 1, 2020.)

The department by rule may establish procedures for the administration of the services provided by this chapter. Any rules shall be consistent with any conditions or limitations on appropriations provided for these services. If funds provided for any service under this chapter have been fully expended, the department shall immediately discontinue that service.

NOTES:

Study and reportSeverabilityEffective date1989 1st ex.s. c 18: See notes following RCW 74.50.011.



Short title. (Effective until January 1, 2020.)

This chapter may be cited as the alcoholism and drug addiction treatment and support act.