REPORT TITLE:
Substance Abuse Policy


DESCRIPTION:
Transfers the state advisory commission on drug abuse and
controlled substances from the DOH to the lieutenant governor,
and makes the commission temporary.  Transfers the duties of the
DOH with respect to substance abuse policymaking to the
commission.  Changes the membership of the commission.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                            478         
HOUSE OF REPRESENTATIVES                H.B. NO.           
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
________________________________________________________________
________________________________________________________________


                   A  BILL  FOR  AN  ACT

RELATING TO CONTROLLED SUBSTANCES.



BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 1      SECTION 1.  Section 321-1, Hawaii Revised Statutes, is
 
 2 amended to read as follows:
 
 3      "§321-1 General powers and duties of the department.(a)
 
 4 The department of health shall have general charge, oversight,
 
 5 and care of the health and lives of the people of the State.
 
 6      (b)  The department shall have authority in matters of
 
 7 quarantine and other health matters and may declare and enforce
 
 8 quarantine when none exists and modify or release quarantine when
 
 9 it is established.
 
10      (c)  When it is determined that there is imminent danger of
 
11 epidemic or serious outbreak of communicable disease, the
 
12 department may refuse, modify, or limit attendance at any school
 
13 in the State.
 
14      (d)  When in the judgment of the director, there is deemed
 
15 to be a potential health hazard, the department, through the
 
16 director, may take precautionary measures to protect the public
 
17 through the imposition of an embargo or the detention of products
 
18 regulated by the department, or the removal of products regulated
 
19 by the department from the market, or the declaration of
 

 
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 1 quarantine; provided that the director must find evidence of a
 
 2 health hazard within seventy-two hours of the action taken or
 
 3 rescind the action.  The director shall make public the findings.
 
 4      (e)  All county health authorities, sheriffs, police
 
 5 officers, and all other officers and employees of the State, and
 
 6 every county thereof, shall enforce the rules of the department.
 
 7 All such powers in health matters as have been or may be
 
 8 conferred upon any county shall be concurrent with those of the
 
 9 department.
 
10      (f)  The department may establish charges and collect fees
 
11 for any of its services; provided that the department shall not
 
12 refuse to provide services to any person due to the person's
 
13 inability to pay the fee for the service.  The department,
 
14 through the director, shall make an annual report to the
 
15 governor, showing in detail all its expenditures and
 
16 transactions, and such other information regarding the public
 
17 health as the department may deem of special interest.
 
18      (g)  The department, during the prevalence of any severe
 
19 pestilence or epidemic, shall publish a weekly report of the
 
20 public health.
 
21      (h)  The department shall establish and administer programs,
 
22 and adopt rules as deemed necessary, for the prevention of
 
23 domestic and sexual violence and the protection and treatment of
 

 
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 1 victims of domestic and sexual violence.
 
 2      (i)  The department shall certify substance abuse program
 
 3 administrators and counselors and shall accredit substance abuse
 
 4 programs in accordance with rules adopted pursuant to chapter 91.
 
 5 Certification of a private substance abuse agency shall be a
 
 6 necessary prerequisite to that substance abuse agency receiving
 
 7 any state funding."
 
 8      SECTION 2.  Section 329-2, Hawaii Revised Statutes, is
 
 9 amended to read as follows:
 
10      "§329-2 Hawaii [advisory] commission on [drug] substance
 
11 abuse and controlled substances; number; appointment.  There
 
12 shall be established within the office of the lieutenant governor
 
13 for administrative purposes a temporary state [advisory]
 
14 commission on [drug] substance abuse and controlled substances
 
15 [consisting of not more than fifteen nor less than nine members
 
16 appointed by the governor, as provided in section 26-34.  The
 
17 members shall be selected on the basis of their ability to
 
18 contribute to the solution of problems arising from the abuse of
 
19 controlled substances, and to the extent possible, shall
 
20 represent the pharmacological, medical, community and business
 
21 affairs, youth action, educational, legal defense, enforcement,
 
22 and corrections segments of the community.  One of the appointed
 
23 members shall be a member of the state council on mental health
 

 
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 1 established by section 334-10, and shall be knowledgeable about
 
 2 the community and the relationships between mental health, mental
 
 3 illness, and substance abuse.  The commission shall elect a
 
 4 chairperson from among its members.  The members shall serve
 
 5 without compensation, but shall be paid their necessary expenses
 
 6 in attending meetings of the commission.  The commission shall be
 
 7 a part of the department of health for administrative purposes;
 
 8 provided that the department of health shall appoint an ex-
 
 9 officio non-voting representative to the commission who shall
 
10 regularly attend meetings of both this commission and the state
 
11 council on mental health, and make regular reports to both
 
12 bodies].  The members of the commission shall be the attorney
 
13 general, the superintendent of education, the director of health,
 
14 the director of human services, and the director of public
 
15 safety, or their designated representatives.  At least one member
 
16 of the commission shall be a member of the state council on
 
17 mental health established pursuant to section 334-10, and shall
 
18 be knowledgeable about the community and the relationships
 
19 between mental health, mental illness, and substance abuse.  The
 
20 commission shall be chaired by the lieutenant governor.
 
21      (b)  For the purposes of this section, unless the context
 
22 requires otherwise:
 
23      "Substance" means alcohol, any drug on schedules I through
 

 
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 1 IV, or any substance which includes in its composition volatile
 
 2 organic solvents.
 
 3      "Substance abuse" means the misuse of a substance or the use
 
 4 of a substance to an extent deemed deleterious or detrimental to
 
 5 the user, to others, or to society."
 
 6      SECTION 3.  Section 392-4, Hawaii Revised Statutes, is
 
 7 amended to read as follows:
 
 8      "§329-4 Duties of the commission.  The commission shall:
 
 9      (1)  Act in an advisory capacity to the department of public
 
10           safety relating to the scheduling of substances
 
11           provided in part II of this chapter, by recommending
 
12           the addition, deletion, or rescheduling of all
 
13           substances enumerated in part II of this chapter[.];
 
14      (2)  Act in an advisory capacity to the department of public
 
15           safety relating to establishment and maintenance of the
 
16           classes of controlled substances, as provided in part
 
17           II of this chapter[.];
 
18     [(3)  Assist the department of health in coordinating all
 
19           action programs of community agencies (state, county,
 
20           military, or private) specifically focused on the
 
21           problem of drug abuse.
 
22      (4)] (3)  Assist the department of health in carrying out
 
23           educational programs designed to prevent and deter
 

 
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 1           abuse of controlled substances[.];
 
 2     [(5)] (4)  Encourage research on abuse of controlled
 
 3           substances.  In connection with such research, and in
 
 4           furtherance of the enforcement of this chapter, it may,
 
 5           with the approval of the director of health:
 
 6           (A)  Establish methods to assess accurately the effects
 
 7                of controlled substances and to identify and
 
 8                characterize controlled substances with potential
 
 9                for abuse;
 
10           (B)  Make studies and undertake programs of research
 
11                to:
 
12                (i)  Develop new or improved approaches,
 
13                     techniques, systems, equipment, and devices
 
14                     to strengthen the enforcement of this
 
15                     chapter;
 
16               (ii)  Determine patterns of abuse of controlled
 
17                     substances and the social effects thereof;
 
18                     and
 
19              (iii)  Improve methods for preventing, predicting,
 
20                     understanding, and dealing with the abuse of
 
21                     controlled substances[.];
 
22     [(6)] (5)  Create public awareness and understanding of the
 
23           problems of drug abuse[.];
 

 
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 1     [(7)] (6)  Sit in an advisory capacity to the governor and
 
 2           other state departments as may be appropriate on
 
 3           matters relating to the commission's work[.];
 
 4     [(8)] (7)  Act in an advisory capacity to the director of
 
 5           health in substance abuse matters under chapter 321,
 
 6           part XVI.  For the purposes of this paragraph,
 
 7           "substance" shall include alcohol in addition to any
 
 8           drug on schedules I through IV of this chapter and any
 
 9           substance which includes in its composition volatile
 
10           organic solvents[.];
 
11      (8)  Coordinate all substance abuse programs including
 
12           rehabilitation, treatment, education, research, and
 
13           prevention activities;
 
14      (9)  Prepare, administer, and supervise the implementation
 
15           of a state plan for substance abuse, which may consist
 
16           of a plan for alcohol abuse prevention and a plan for
 
17           drug abuse prevention;
 
18     (10)  Submit an annual report to the legislature not less
 
19           than twenty days prior to the convening of each regular
 
20           session detailing the commission's progress in the
 
21           implementation of the state plan for substance abuse;
 
22     (11)  Identify all funds, programs, and resources available
 
23           in the State, public and private, and from the federal
 

 
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 1           government, which are being used or may be used to
 
 2           support substance abuse prevention, rehabilitation,
 
 3           treatment, education, and research activities;
 
 4     (12)  Be the designated agency required by, and receive and
 
 5           administer all available substance abuse funds
 
 6           including but not limited to funds received from, the
 
 7           federal government under Public Law 92-255, Public Law
 
 8           91-616, Public Law 91-211, and Titles IVA and XVI of
 
 9           the Social Security Act or other subsequent Acts of
 
10           Congress which may amend or succeed these Acts;
 
11     (13)  Encourage and coordinate the involvement of private and
 
12           public agencies in the assessment of substance abuse
 
13           problems, needs, and resources;
 
14     (14)  Coordinate the delivery of available funding to public
 
15           and private agencies for program implementation;
 
16     (15)  Establish mechanisms and procedures for receiving and
 
17           evaluating program proposals, providing technical
 
18           assistance, monitoring programs and securing necessary
 
19           information from public and private agencies for the
 
20           purposes of planning, management, and evaluation;
 
21     (16)  Review the state plan for substance abuse annually for
 
22           the purpose of evaluation and make necessary amendments
 
23           to conform with the requirements of federal or state
 

 
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 1           laws; and
 
 2     (17)  Do all things necessary to effectuate the purposes of
 
 3           this section."
 
 4      SECTION 4.  Part XVI of chapter 321, Hawaii Revised
 
 5 Statutes, is repealed.
 
 6      SECTION 5.  Sections 200-81(d), 200-89(c), 263A-5(c),
 
 7 291-4(c), 291-4.3(c), 291-7(c), 353G-4(e), and 353G-17(a), Hawaii
 
 8 Revised Statutes, are amended by replacing every occurrence of
 
 9 the term "section 321-193" with the term "section 321-1".
 
10      SECTION 6.  Section 286-251, Hawaii Revised Statutes, is
 
11 amended by amending the definition of "certified substance abuse
 
12 counselor" to read as follows:
 
13      ""Certified substance abuse counselor" means any person
 
14 certified by the department of health pursuant to section
 
15 [321-193(10),] 321-1, or any other substance abuse specialist or
 
16 medical practitioner the director of health may appoint to carry
 
17 out the functions of a certified substance abuse counselor under
 
18 this part."
 
19      SECTION 7.  Section 334-106, Hawaii Revised Statutes, is
 
20 amended to read as follows:
 
21      "§334-106  License required.  Facilities operated pursuant
 
22 to this part shall be licensed under existing licensing
 
23 categories, including provisional licenses, or accredited
 

 
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 1 pursuant to section [321-193(10).] 321-1.  The director shall
 
 2 review the appropriateness of these licensing and accreditation
 
 3 categories.  If the director determines that new licensing or
 
 4 accreditation categories are necessary, the director shall issue
 
 5 a report and recommendation to the legislature."
 
 6      SECTION 8.  Section 353G-2, Hawaii Revised Statutes, is
 
 7 amended by amending the definition of "assessment program" to
 
 8 read as follows:
 
 9      ""Assessment program" refers to a not-for-profit
 
10 corporation, government agency, or other entity accredited by the
 
11 department of health to provide substance abuse services, or to a
 
12 substance abuse professional certified pursuant to section
 
13 [321-193.] 321-1."
 
14      SECTION 9.  Statutory material to be repealed is bracketed.
 
15 New statutory material is underscored.
 
16      SECTION 10.  This Act shall take effect on July 1, 1999 and
 
17 shall be repealed on June 30, 2003; provided that sections
 
18 200-81(d), 200-89(c), 263A-5(c), 286-251 (only with respect to
 
19 the definition of "certified substance abuse counselor"),
 
20 291-4(c), 291-4.3(c), 291-7(c), 321-1, 329-2, 329-4, 334-106,
 
21 353G-2 (only with respect to the definition of "assessment
 
22 program"), 353G-4(e), and 353G-17(a), shall be reenacted in the
 

 
 
 
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 1 form in which they read on June 30, 1999.
 
 2                           INTRODUCED BY:_________________________