0001| HOUSE BILL 772
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0002| 43rd legislature - STATE OF NEW MEXICO - first session, 1997
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0003| INTRODUCED BY
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0004| RICK MIERA
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0005|
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0006|
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0007|
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0008|
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0009|
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0010| AN ACT
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0011| RELATING TO SUBSTANCE ABUSE; RENAMING THE ALCOHOLISM AND
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0012| ALCOHOL ABUSE PREVENTION, SCREENING AND TREATMENT ACT;
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0013| INCLUDING SUBSTANCE ABUSE IN THE ACT; PROVIDING FOR
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0014| COLLABORATION WITH PUBLIC ENTITIES IN THE DEVELOPMENT OF A
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0015| STATEWIDE SUBSTANCE ABUSE PREVENTION AND TREATMENT PLAN;
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0016| AMENDING, REPEALING AND RECOMPILING SECTIONS OF THE NMSA 1978.
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0017|
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0018| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0019| Section 1. Section 43-3-8 NMSA 1978 (being Laws 1985,
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0020| Chapter 185, Section 1, as amended) is amended to read:
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0021| "43-3-8. SHORT TITLE.--Chapter 43, Article 3 NMSA 1978
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0022| may be cited as the "[Alcoholism and Alcohol Abuse Prevention,
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Screening and Treatment] Substance Abuse Act"."
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0024| Section 2. Section 43-3-9 NMSA 1978 (being Laws 1985,
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0025| Chapter 185, Section 2) is amended to read:
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0001| "43-3-9. LEGISLATIVE DECLARATION.--The legislature finds
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0002| that [alcoholism] substance dependence, as a disease, is
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0003| New Mexico's most costly and debilitating public health problem
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0004| and [alcohol] substance abuse is one of New Mexico's most
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0005| dangerous behavioral problems. Therefore, [an] it is the
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0006| purpose of the Substance Abuse Act to designate the department
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0007| of health as the single state agency to coordinate substance
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0008| abuse activities and programs in the state and to assist local
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0009| communities to organize and finance community programs relating
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0010| to substance abuse that will best serve the needs of the
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0011| communities and at the same time make the best use of financial
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0012| and human resources available to the state and communities and
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0013| to ensure that effective prevention and treatment [and
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prevention program] systems for [alcoholism must be pur-
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sued] substance dependence and substance abuse are
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0017| continually developed and maintained. The legislature further
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0018| finds that the prevention and treatment of [alcoholism]
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0019| substance dependence and substance abuse can best be effected
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0020| on a community level, coordinated through a statewide plan
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0021| based on a statewide needs assessment [which] that also re-
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0022|
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0023| flects local planning, concerns and priorities. The
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0024| legislature further finds that increased emphasis on focused
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0025| substance abuse prevention, a statewide systems approach to
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0001| treatment services and involvement with law enforcement by the
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0002| prevention system and the treatment system are required as
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0003| part of a comprehensive approach to [alcoholism] substance
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0004| dependence and [alcohol] substance abuse problems. As a
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0005| means of more effectively integrating [alcoholism] substance
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0006| dependence and substance abuse treatment and law enforcement
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0007| activities, the legislature finds that screening programs are
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0008| needed to determine whether offenders are physically dependent
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0009| on [alcohol] a substance or have developed an entrenched
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0010| pattern of abuse and are thus in need of treatment for
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0011| [alcoholism or alcohol] substance dependence or substance
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0012| abuse. Driving while intoxicated (DWI) offenders, unless they
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0013| have been determined to be neither [alcoholic nor alcohol]
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0014| substance dependent nor substance abusers by a screening
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0015| program, should be directed into appropriate treatment pro-
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0016|
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0017| grams. For such offenders, DWI school should not be considered
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0018| an appropriate alternative either to imposition of sentence or
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0019| to [alcoholism] substance dependence or substance abuse
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0020| treatment."
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0021| Section 3. Section 43-3-10 NMSA 1978 (being Laws 1985,
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0022| Chapter 185, Section 3, as amended) is amended to read:
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0023| "43-3-10. DEFINITIONS.--As used in the [Alcoholism and
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Alcohol Abuse Prevention, Screening and Treatment] Substance
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0025| Abuse Act:
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0001| A. "aftercare" means the monitoring and
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0002| continuation of treatment and the rendering of other
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0003| rehabilitative services in the community to a patient following
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0004| a period of inpatient or outpatient treatment in order to
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0005| help the patient maintain and continue his recovery;
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0006| B. "board" means the board of county commissioners
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0007| of a county;
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0008| C. "department" means the department of health;
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0009| D. "detoxification program" means a residential or
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0010| outpatient program [which] that provides physical care,
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0011| education and counseling to persons who enter the program
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0012| physically dependent on [alcohol] a substance, to whom the
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0013| program then offers the services necessary to provide for their
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0014| health and safety during the process of physical withdrawal
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0015| from [alcohol] substance dependence and to motivate the
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0016| [persons] person to accept further treatment for
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0017| [alcoholism] substance dependence as appropriate to their
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0018| cases;
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0019| E. "DWI program" means a community program
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0020| specifically designed to provide treatment, aftercare or
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0021| prevention of or education regarding driving while under the
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0022| influence of alcohol or other drugs;
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0023| F. "incarceration and treatment facility" means a
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0024| minimum security detention facility that provides a DWI
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0025| program;
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0001| G. "long-term rehabilitation program" means a
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0002| residential program offering individualized habilitative or
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0003| rehabilitative programming to chronic [alcoholics] substance
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0004| dependents, ordinarily involving a residential stay of
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0005| [forty-five] thirty days or more, the object of which is to
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0006| equip the [alcoholic] substance dependent to establish a
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0007| sober, productive life in the community and to assist the
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0008| [alcoholic] substance dependent in establishing such a
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0009| life;
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0010| H. "outpatient program" means a program offering
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0011| counseling, education and consultative and related services
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0012| to [alcohol] substance abusers, [alcoholics] substance
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0013| dependents, families and other parties in the community who
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0014| are not resident in [an alcoholism] a substance dependence
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0015| treatment program;
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0016| I. "planning council" means a county DWI planning
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0017| council;
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0018| J. "prevention program" means any program [which]
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0019| that has as its objective [the amelioration of] to
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0020| ameliorate conditions known to motivate excessive or abusive
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0021| use of [alcohol and other drugs] substances or to increase
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0022| the ability of the individual to resist pressures from other
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0023| people to use or abuse [alcohol and other drugs]
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0024| substances, through such [techniques] strategies as
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0025| [affective] information dissemination, prevention
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0001| education, [values clarification, saying no to peer pressure,
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recreational alternatives to substance abuse and wilderness
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experience] problem identification and referral alternative
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0004| activities, community-based process and environmental
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0005| approaches;
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0006| K. "screening program" means a program that
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0007| provides screening or examination by [alcoholism] substance
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0008| dependence treatment professionals of persons charged with or
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0009| convicted of driving while intoxicated or other offenses to
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0010| determine whether the individual is:
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0011| (1) physically dependent on [alcohol] a
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0012| substance and thus suffering from the disease of
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0013| [alcoholism] substance dependence;
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0014| (2) [an alcohol] a substance abuser who has
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0015| not yet developed the [alcoholism] substance dependence
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0016| disease syndrome but has an entrenched pattern of pathological
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0017| use of [alcohol] a substance and social or occupational
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0018| impairment in function from [alcohol] substance abuse; or
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0019| (3) neither [an alcoholic nor an alcohol] a
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0020| substance dependent or substance abuser such that
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0021| [alcoholism] substance dependence treatment is not
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0022| necessary; and that provides referral or recommendation of such
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0023| persons to the most appropriate treatment;
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0024| L. "short-term rehabilitation program" means a
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0025| residential program offering an organized counseling and
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0001| educational curriculum for the treatment of [alcoholism]
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0002| substance dependence, ordinarily involving a residential stay
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0003| of [forty-five] thirty days or less and serving the needs
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0004| of persons from a region of the state; [and]
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0005| M. "statewide [alcoholism services] substance
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0006| abuse prevention and treatment plan" means the comprehensive
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0007| plan for a statewide services network developed by the
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0008| department that documents the extent of New Mexico's
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0009| [alcoholism] substance abuse problem and statewide needs
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0010| for prevention, screening, detoxification, short-term and long-
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0011| term rehabilitation, outpatient programs, aftercare and DWI
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0012| programs [The plan shall be], and is based on the continuum
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0013| of care concept of a comprehensive [alcoholism] substance
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0014| abuse prevention and treatment system;
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0015| N. "substance abuse" means a maladaptive pattern
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0016| of substance use leading to a clinically significant impairment
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0017| or distress, as manifested by one or more of the following,
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0018| occurring within a twelve-month period:
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0019| (1) recurrent substance use resulting in a
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0020| failure to fulfill major role obligations at work, school or
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0021| home;
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0022| (2) recurrent substance use in situations in
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0023| which it is physically hazardous;
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0024| (3) recurrent substance-related legal
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0025| problems; or
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0001| (4) continued substance use despite having
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0002| persistent or recurrent social or interpersonal problems caused
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0003| or exacerbated by the effects of the substance; and
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0004| O. "substance dependence" means a maladaptive
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0005| pattern of substance use leading to clinically significant
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0006| impairment or distress, as manifested by three or more of the
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0007| following, occurring any time in the same twelve-month period:
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0008| (1) tolerance;
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0009| (2) withdrawal;
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0010| (3) loss of control over amount or length of
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0011| ingestion;
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0012| (4) unsuccessful efforts to cut down or
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0013| control substance use;
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0014| (5) a great deal of time spent in activities
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0015| necessary to obtain the substance, use the substance or recover
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0016| from its effects;
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0017| (6) forfeiture or reduction of participation
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0018| in important social, occupational or recreational activities
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0019| because of substance use; or
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0020| (7) continuation of substance use despite
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0021| persistent or recurrent physical or psychological problems
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0022| caused or exacerbated by the substance."
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0023| Section 4. Section 43-3-11 NMSA 1978 (being Laws 1985,
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0024| Chapter 185, Section 4, as amended) is amended to read:
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0025| "43-3-11. POWERS AND DUTIES OF THE DEPARTMENT.--
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0001| A. The department shall adopt rules to provide for:
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0002| (1) minimum standards of service, including
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0003| regulations to safeguard the confidential nature of client
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0004| records, for prevention programs, screening programs,
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0005| detoxification programs, short-term rehabilitation programs,
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0006| long-term rehabilitation programs, outpatient programs,
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0007| aftercare and DWI programs [which] that contract for
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0008| funds under the provisions of the [Alcoholism and Alcohol
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Abuse Prevention, Screening and Treatment] Substance Abuse
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0010| Act; provided that such rules shall, before adoption, have been
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0011| presented to all interested parties in a public hearing;
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0012| (2) the format and guidelines for county DWI
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0013| plans and the criteria for evaluating them;
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0014| (3) procedures and forms for applying for a
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0015| contract for funds pursuant to the [Alcoholism and Alcohol
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Abuse Prevention, Screening and Treatment] Substance Abuse
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0017| Act;
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0018| (4) procedures for review and recommendations
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0019| of such applications by the secretary of health;
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0020| (5) procedures for ensuring compliance with
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0021| standards of service by contractors receiving funds [under]
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0022| pursuant to the [Alcoholism and Alcohol Abuse Prevention,
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Screening and Treatment] Substance Abuse Act; and
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0024| (6) procedures for reporting of programmatic
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0025| and financial information necessary to evaluate the
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0001| effectiveness of programs funded through the provisions of the
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0002| [Alcoholism and Alcohol Abuse Prevention, Screening and
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Treatment] Substance Abuse Act. Evaluation of program
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0004| effectiveness shall include an analysis of outcome-based
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0005| measures and the impact of the programs on the incidence of
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0006| driving while under the influence of intoxicating liquor or
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0007| drugs and shall be reported to the legislature annually.
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0008| B. Rules adopted by the department shall become
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0009| effective when filed according to the State Rules Act.
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0010| C. The department shall provide technical
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0011| assistance and training to assist each county as needed in
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0012| developing its DWI plan.
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0013| D. The department shall review the impact of the
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0014| programs on the reduction of the incidence of driving while
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0015| under the influence of intoxicating liquor or drugs, approve
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0016| county DWI plans and incorporate these plans into the statewide
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0017| [alcoholism services] substance abuse prevention and
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0018| treatment plan in accordance with Section 43-3-13 NMSA 1978.
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0019| E. The department is authorized to enter into
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0020| contracts to provide services and programs consistent with the
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0021| priorities set forth in the statewide [alcoholism services]
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0022| substance abuse prevention and treatment plan, subject to the
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0023| availability of appropriations for that purpose.
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0024| F. In awarding contract funds, the department shall
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0025| emphasize development of statewide prevention and early
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0001| intervention programming and shall work with other state
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0002| agencies and local school boards and administrations to
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0003| encourage the development of prevention, education and early
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0004| intervention programs involving the schools.
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0005| G. Any screening programs funded pursuant to the
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0006| [Alcoholism and Alcohol Abuse Prevention, Screening and
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Treatment] Substance Abuse Act shall be established in
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0008| collaboration with the district, magistrate, metropolitan and
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0009| municipal courts to be served by the screening program.
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0010| Whenever feasible, the screening program shall not be provided
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0011| by [an alcoholism] a substance abuse treatment program
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0012| serving the judicial districts involved in order to avoid
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0013| conflict of interest in recommending that offenders enter
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0014| treatment."
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0015| Section 5. Section 43-3-12 NMSA 1978 (being Laws 1985,
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0016| Chapter 185, Section 5) is amended to read:
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0017| "43-3-12. CONTRACT ELIGIBILITY.--The department may enter
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0018| into contracts with and provide technical assistance to
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0019| municipalities, counties, tribal or pueblo governments or
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0020| organizations or private nonprofit corporations for the
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0021| provision of services [which] that are in conformity with
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0022| the minimum standards set by the department pursuant to the
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0023| [Alcoholism and Alcohol Abuse Prevention, Screening and
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Treatment] Substance Abuse Act. Contracts with private for-
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0025| profit organizations shall be authorized only where there is a
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0001| demonstrated need for services [which] that are consistent
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0002| with the statewide [alcoholism services] substance abuse
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0003| prevention and treatment plan and cannot be otherwise pro-
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0004|
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0005| vided."
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0006| Section 6. Section 43-3-13 NMSA 1978 (being Laws 1985,
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0007| Chapter 185, Section 6, as amended) is amended to read:
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0008| "43-3-13. STATEWIDE [ALCOHOLISM SERVICES] SUBSTANCE
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0009| ABUSE PREVENTION AND TREATMENT PLAN.--
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0010| A. The department shall develop and update annually
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0011| prior to [August 30] December 31 a statewide [alcoholism
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services] substance abuse prevention and treatment plan that
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0013| documents the extent of New Mexico's [alcoholism] substance
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0014| abuse problem. The plan shall describe the effectiveness of
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0015| existing services and shall document needs based on a statewide
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0016| assessment that reflects local planning, concerns and
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0017| priorities. Public entities either administering or providing
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0018| substance abuse prevention and treatment services shall
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0019| collaborate in the development of the statewide substance abuse
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0020| prevention and treatment plan by providing information to the
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0021| department regarding planning, funding, assessment of needs and
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0022| strategies to bridge service gaps.
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0023| B. The department shall annually invite comment and
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0024| review of the [alcoholism services] statewide substance
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0025| abuse prevention and treatment plan for a period of no less
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0001| than thirty days prior to its publication.
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0002| C. The department shall make decisions concerning
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0003| proposed [alcoholism and alcohol] substance abuse
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0004| prevention and treatment programs consistent with the
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0005| priorities and service system concepts contained in the current
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0006| statewide [alcoholism services] substance abuse prevention
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0007| and treatment plan.
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0008| D. The department shall specify in the statewide
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0009| substance abuse prevention and treatment plan the procedures to
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0010| be followed by any eligible entity to apply for technical
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0011| assistance."
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0012| Section 7. Section 43-3-14 NMSA 1978 (being Laws 1993,
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0013| Chapter 65, Section 13) is amended to read:
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0014| "43-3-14. COUNTY DWI PLANNING COUNCILS AUTHORIZED--
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0015| MEMBERSHIP.--
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0016| A. A board may create a county DWI planning council
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0017| and appoint the members for terms set by the board. The
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0018| members of the planning council shall be selected to represent
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0019| a broad spectrum of interests and may include county officials,
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0020| DWI program and service providers, law enforcement officers,
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0021| [alcohol] substance abuse counselors and therapists, school
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0022| administrators and local political leaders.
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0023| B. The members of a planning council shall elect
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0024| from among the membership of the planning council a chairman
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0025| for a term designated by the board. The planning council shall
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0001| meet at the call of the chairman.
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0002| C. Planning council members shall receive per diem
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0003| and mileage reimbursement as provided in the Per Diem and
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0004| Mileage Act and shall receive no other compensation, perquisite
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0005| or allowance."
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0006| Section 8. Section 43-3-15 NMSA 1978 (being Laws 1993,
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0007| Chapter 65, Section 14) is amended to read:
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0008| "43-3-15. COUNTY DWI PLANS.--
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0009| A. With the advice of the planning council, the
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0010| board or its designee shall prepare a county DWI plan. Upon
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0011| approval of the DWI plan by the board and the planning council,
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0012| the board shall submit the DWI plan to the department for
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0013| approval and integration into the statewide [alcoholism
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services] substance abuse prevention and treatment plan.
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0015| B. Two or more boards may agree to establish a
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0016| multicounty DWI plan.
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0017| C. Each county DWI plan shall include:
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0018| (1) a county needs assessment that identifies
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0019| and quantifies:
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0020| (a) the major factors that affect access
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0021| to and the success or effectiveness of local DWI programs;
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0022| (b) the gaps and needs not covered in
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0023| local DWI programs; and
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0024| (c) the extent to which county residents
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0025| use DWI programs available in other counties;
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0001| (2) an inventory of existing public and
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0002| private DWI providers and programs in the county, including
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0003| identification of any DWI program duplication, and existing
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0004| governmental funding and other resources, including county
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0005| funding, for county DWI programs; and
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0006| (3) recommendations and goals for providing,
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0007| improving and funding DWI programs in the county, based on the
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0008| needs assessment and inventory, and including proposals to
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0009| eliminate duplication of programs and services, improve access
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0010| to programs and services, establish new programs or services,
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0011| provide additional funding, in-kind contributions and other
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0012| resources for existing programs and where feasible use DWI
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0013| programs available in other counties.
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0014| D. The county DWI plan shall be updated at the
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0015| request of the board or the department if the plan as
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0016| implemented through the statewide [alcoholism services]
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0017| substance abuse prevention and treatment plan is not
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0018| achieving its stated goals, if the needs of the county have
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0019| changed or if the department determines that the distribution
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0020| of funds is not having an impact on the incidence of driving
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0021| while under the influence of intoxicating liquor or drugs."
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0022| Section 9. TEMPORARY PROVISION--RECOMPILATION.--Section
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0023| 26-2-4.1 NMSA 1978 (being Laws 1987, Chapter 265, Section 5, as
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0024| amended) is recompiled as Section 43-3-16 NMSA 1978.
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0025| Section 10. REPEAL.--Sections 26-2-1 through 26-2-4 and
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0001| 26-2-5 through 26-2-14 NMSA 1978 (being Laws 1971, Chapter 244,
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0002| Sections 1 through 12, Laws 1971, Chapter 296, Section 1 and
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0003| Laws 1972, Chapter 10, Section 1, as amended) are repealed.
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0004| State of New Mexico
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0005| House of Representatives
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0006|
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0007| FORTY-THIRD LEGISLATURE
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0008| FIRST SESSION, 1997
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0009|
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0010|
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0011| March 6, 1997
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0012|
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0013|
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0014| Mr. Speaker:
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0015|
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0016| Your CONSUMER AND PUBLIC AFFAIRS COMMITTEE, to
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0017| whom has been referred
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0018|
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0019| HOUSE BILL 772
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0020|
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0021| has had it under consideration and reports same with
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0022| recommendation that it DO PASS, and thence referred to the
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0023| APPROPRIATIONS AND FINANCE COMMITTEE.
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0024|
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0025| Respectfully submitted,
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0001|
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0002|
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0003|
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0004|
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0005|
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0006| Gary King, Chairman
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0007|
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0008|
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0009| Adopted Not Adopted
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0010|
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0011| (Chief Clerk) (Chief Clerk)
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0012|
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0013| Date
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0014|
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0015| The roll call vote was 6 For 0 Against
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0016| Yes: 6
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0017| Excused: Heaton, Rios, Vigil, King
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0018| Absent: None
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0019|
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0020|
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0021| G:\BILLTEXT\BILLW_97\H0772
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0022|
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0023| FORTY-THIRD LEGISLATURE
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0024| FIRST SESSION, 1997
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0025|
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0001|
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0002| March 17, 1997
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0003|
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0004| Mr. President:
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0005|
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0006| Your PUBLIC AFFAIRS COMMITTEE, to whom has been
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0007| referred
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0008|
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0009| HOUSE BILL 772
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0010|
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0011| has had it under consideration and reports same with
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0012| recommendation that it DO PASS.
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0013|
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0014| Respectfully submitted,
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0015|
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0016|
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0017|
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0018|
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0019| __________________________________
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0020| Shannon Robinson, Chairman
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0021|
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0022|
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0023|
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0024| Adopted_______________________ Not
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0025| Adopted_______________________
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0001| (Chief Clerk) (Chief Clerk)
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0002|
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0003|
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0004| Date ________________________
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0005|
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0006|
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0007| The roll call vote was 5 For 0 Against
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0008| Yes: 5
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0009| No: 0
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0010| Excused: Rodarte, Smith, Ingle, Vernon
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0011| Absent: None
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0012|
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0013|
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0014| H0772PA1
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0015|
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