Governor Signs Legislation to Remove Barrier to Screening
On September 30, 2008, Governor Schwarzenegger signed a CSAM-initiated bill to repeal the state's Uniform Policy Provision Law (UPPL), a 60-year-old law that allows insurers to deny claims if accident victims test positive for alcohol or other drugs. The law had the unintended consequence of discouraging hospitals and other healthcare facilities from screening patients for addictive disorders.
The bill, AB 1461, was carried by Assemblymember Paul Krekorian (D-Burbank/Glendale). CSAM has worked for seven years to accomplish this victory. Now that one of the most significant barriers to early detection of substance abuse and dependence has been removed, and early referral to treatment can become the norm, the hard work begins. Unless we build on this repeal of UPPL by finding ways to integrate SBIRT (Screening, Brief Intervention and Referral to Treatment) services into the standard continuum of healthcare, our victory will remain small. Repeal of UPPL is a step toward creating the necessary infrastructure for a comprehensive, effective approach to substance abuse disorders. The next steps are up to us, to press beyond the barrier that UPPL had presented before it finally became history.
Schwarzenegger Vetoes New Physician Health Program
The Governor vetoed AB 214 which would have created a new Physician Health Program to provide an avenue to treatment and a method for monitoring physicians addressing the disease of addiction and mental health disorders. The Medical Board of CA is uninterested in operating such a program, yet the Governor, in his veto message offers the help of his office to find a way to design such a program. His veto message, while disappointing to the stakeholders who have worked for the past year crafting the legislation to form a new program, it also opens the door for future negotiations with the Medical Board of CA.
State Parity Bill Vetoed, But Parity Legislation Sails Through Congress
Schwarzenegger vetoed, AB 1887, the state parity bill, however at the Federal level, the measure sailed through Congress as part of the national economic bailout package. According to CSAM past president Don Kurth, MD, "We have changed the course of our nation by opening a pathway to treatment which will save hundreds of thousands of lives of those who suffer from the disease of addiction. And, we have successfully brought national recognition to our professional ability to craft and institute legislation. ASAM and CSAM have long been advocating for parity -- take a moment to savor the victory - you deserve it."
CSAM Endorses Proposition 5
Non-Violent Offender Rehabilitation Act of 2008
CSAM was the first medical organization in California to support Proposition 5 and CSAM's President, Judith Martin, MD, is one of the authors in favor of the initiative which appears on the California General Election Official Voter Information Guide.
Proposition 5 makes the changes to Proposition 36 that many in the treatment field have been demanding, including increased accountability for people in the program. Under Proposition 5, judges have the power to decide whether a person should remain in treatment, be jailed temporarily for noncompliance or be removed. This will help me run a more effective program and improve offender outcomes.
Proposition 5 also builds on California's drug courts, nearly tripling their funding and giving judges, not prosecutors, the power to determine, on a case-by-case basis, whether to put other nonviolent offenders with drug problems into treatment. To do so, the judge must find that addiction motivated a nonviolent crime and that drug treatment would be in the best interests of justice. This is an important option, especially for those nonviolent offenders who show up in court week after week for petty crimes committed to support their addictions. Proposition 5 strikes the proper balance between treatment and public safety.
With a prison population comprised overwhelmingly of people with substance use problems, community-based treatment can be only part of the solution. Proposition 5 would restructure the prison system and enhance drug treatment and rehabilitation services behind bars. This will help build a system that can effect lasting and positive change for many who now cycle in and out of prison.
The Legislative Analyst's Office says the measure
potentially could save $1 billion by diverting drug felons from prison
and into treatment.
CSAM Members: Here is What You Can Do NOW!!
The Orange County Register editorialized in favor of Prop. 5, saying it "would increase the number of nonviolent drug offenders, including vulnerable young people, who receive rehabilitation rather than imprisonment. It would require prisons to offer drug rehabilitation programs, which most do not do presently."
Tell the OC Register why you support Prop. 5 (in 150 words): letters@ocregister.com
The San Diego Union Tribune editorialized against Prop. 5, taking its cue from law enforcement who may be feeling déjà vu as they repeat all of their old attacks on Proposition 36, the treatment-instead-of-incarceration initiative that voters overwhelmingly approved in 2000. They were wrong in 2000 and they're wrong now! Tell the San Diego Union Tribune why you support Prop. 5 (in 150 words): letters@uniontrib.com
The Sacramento Bee came out against Prop 5 with this message: "Why we oppose it: At a time when the state is struggling to pay its bills and reform governance, this initiative would add to those bills and create a new state bureaucracy." Tell the Bee what you think: oped@sacbee.com
The LA Times opposed with this: This isn't the way forward. Voters should reject Proposition 5 and demand that the state's criminal justice system finally get the serious examination it requires -- in Sacramento, where flaws can be worked out, rather than cemented in a well-meaning but ill-considered ballot measure." Send your letter to: letters@latimes.com
The San Jose Mercury News wrote: "Promises, promises. Proposition 5 promises to rehabilitate substance-abusing criminals and save money by keeping non-violent offenders out of jail or prison. But this very complex initiative would let drug dealers, drunken drivers, child abusers, burglars, thieves, con artists, embezzlers and others stay on the streets - even if they drop out of treatment, keep using, get arrested again or violate parole or probation." Email your letter to the editor: letters@mercurynews.com
Write TODAY and let these California newspapers know why you support Proposition 5, whether it's because Proposition 5 will help young people with drug problems, or because it will expand and improve upon Prop. 36 or because it will safely reduce prison overcrowding and save taxpayers billions of dollars! Nothing in Proposition 5 stops judges from holding offenders accountable. There is no automatic right to diversion for any of the people that the LA Times listed. Judges are the gatekeepers.
So, please write to the editors and let them know all the reasons why you support Prop. 5!
You can find Letter to the Editor writing tips at: http://www.prop5yes.com/letters-to-the-editor