Makes permanent provisions allowing a child who violates the zero tolerance policy for drugs and alcohol in public schools to return to school earlier than indicated in the original disciplinary determination following the completion of a substance abuse assessment and related treatment or counseling. Requires public schools to screen students facing substance abuse-related discipline to determine if there is a need for a substance abuse assessment referral. Requires the parent or legal guardian of a child facing discipline but who has been assessed as not needing treatment to consent to follow-up counseling for the child's family. Requires school administrators to review and determine the nature and severity of the child's offense, its impact on others, the offender's age, and whether the child is a repeat offender. Allows certified substance abuse counselors to conduct substance abuse assessments qualifying individuals for substance abuse-related insurance benefits. Requires assessments to be completed within ten days for children facing substance abuse-related school discipline. (SD1)

A BILL FOR AN ACT

SECTION 1. Act 213, Session Laws of Hawaii 2005, created the student substance abuse assessment and treatment advisory task force, charged with:

Act 213 also amended the zero tolerance policy to allow a child to return to school earlier than indicated in the original disciplinary determination following the completion of a substance abuse assessment and related treatment or counseling, as applicable. Although minimum insurance benefits for substance abuse treatment are statutorily required under chapter 431M, Hawaii Revised Statutes, the use of these services appears to be low because insurers lack enough providers to conduct substance abuse assessments to qualify individuals for covered services. This is of particular concern in the case of children facing substance abuse-related school discipline under the zero tolerance policy.

The purpose of this Act is to improve the process by which public school students are assessed and treated for substance abuse by:

SECTION 2. Section 431M, Hawaii Revised Statutes, is amended by adding a new definition to be appropriately inserted and to read as follows:

""Certified substance abuse counselor" means a substance abuse counselor who is certified pursuant to section 321-193."

SECTION 3. Section 302A-1134.6, Hawaii Revised Statutes, is amended as follows:

1. By amending subsection (b) to read as follows:

"(b) Except as provided in subsection (f), any child who possesses, sells, consumes, or uses intoxicating liquor or illegal drugs, while attending school or while attending department-supervised activities held on or off school property, may be excluded from attending school for up to ninety-two school days, as determined by the principal and approved by the superintendent or other individuals designated pursuant to rules adopted by the board. If a substance abuse assessment of the child is made for purposes of determining whether the child is excluded from attending school, the assessment shall be made by a certified substance abuse counselor, as defined in section 431M-1. The certified substance abuse counselor may belong to a community-based substance abuse treatment entity that contracts for services under section 431M-2. The assessment shall be made within ten days of the a request for an assessment."

2. By amending subsection (f) to read as follows:

"(f) A child determined to be in violation of subsection (b) or (c) shall be subject to the department's disciplinary rules[;], if the department has administered a screening tool to determine whether there is a need for the child to be referred for a substance abuse assessment; provided that:

SECTION 4. Section 431M-2, Hawaii Revised Statutes, is amended to read as follows:

"§431M-2 Policy coverage. All individual and group accident and health or sickness insurance policies issued in this State, individual or group hospital or medical service plan contracts, and nonprofit mutual benefit society and health maintenance organization health plan contracts shall include within their hospital and medical coverage the benefits of alcohol dependence, drug dependence, and mental illness treatment services provided in section 431M-4 except that this section shall not apply to insurance policies that are issued solely for single diseases, or otherwise limited, specialized coverage. Policy coverage shall be extended to certified substance abuse counselors for services rendered under section 302A-1134.

SECTION 5. Section 431M-3, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) Covered benefits for alcohol dependence, drug dependence, or mental illness insurance policies, hospital or medical service plan contracts, and health maintenance organization health plan contracts shall be limited to those services certified by the insurance or health care plan carrier's physician, psychologist, licensed clinical social worker, or advanced practice registered nurse as medically or psychologically necessary at the least restrictive appropriate level of care. This subsection shall apply to substance abuse assessments under section 302A-1134.6."

SECTION 6. Act 213, Session Laws of Hawaii 2005, is amended by amending section 5 to read as follows:

"SECTION 7. This Act shall take effect upon approval; provided that on June 30, 2006, [sections 2 and] section 3 of this Act shall be repealed[ and section 302A-1134.6(f), Hawaii Revised Statutes, is reenacted in the form in which it read on the day before the approval of this Act.]"

SECTION 8. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 9. This Act shall take effect upon its approval; provided that section 3 of this Act shall take effect on June 29, 2006.