Dear Friends and Neighbors,
The Legislature has ended its 2023 legislative session, but we are not finished. This year, after major progress on housing, gun violence prevention, and reproductive rights, we ended on a disappointing note when we were not able to pass legislation to set up a comprehensive system for treatment and accountability for people suffering from substance use disorder (SUD). I worked all session long on this issue and while I am disappointed that we did not get a deal done on time, it is much more important that we get this right. Our communities are suffering from untreated SUD and we need to build a system that can actually help people into recovery instead of returning to the failed war on drugs.
I voted no on the compromise version of SB 5536 that failed on the last day of the session. As one of the main proponents of the version of SB 5536 that passed the House, it was a bitter pill to swallow. The House version of the bill kept the penalty for possession as a misdemeanor, would have required mandatory diversion for first offenses, and shortened and simplified the time to vacate a conviction. Both versions of SB 5536 made big investments in recovery navigators, recovery residences, and health engagement hubs that follow the latest science on recovery and addiction. The goal is to keep people out of the carceral system, which has repeatedly shown that it does not help people get into recovery.
However, I could not bring myself to vote for the compromise version of the bill that set the penalty for possession as a gross misdemeanor. While the law in 2021 was a felony, under the sentencing guidelines a possession charge would be 0-6 months. A gross misdemeanor, which does not have sentencing guidelines, could actually lead to twice the incarceration time of a felony. Incarceration never did anything for me except add a layer of trauma to my life and to my children’s.
I could not in good conscience vote to cause this kind of harm to people suffering from a health condition/disability for a victimless crime. If people steal, assault, or harm others; there are already crimes for that. We are using possession as a tool to manage other crimes, but this approach punishes, stigmatizes, and ostracizes those most in need of our help. It only drives people deeper into despair and addiction. I will continue to push for a system to treat addiction rooted in connection, shared humanity, and compassion. The Governor has called us back into special session and I am hopeful that we can pass a bill that will live up to those ideals.
Bills Passed!
This year I proposed thirteen bills. Six passed this session. Several other bills were either wholly or partially incorporated into the budget, and I am determined to get the rest over the finish line next year. Read on to learn about the bills that I passed this year.
HB 1357: Improving Patient Access to Care by Modernizing the Prior Authorization System
Before I became a lawyer, my first career was as a nurse. In that role, I saw how obtaining ‘prior authorization’ for treatment from insurance companies slowed patient access to care and increased the cost of health care. Some insurance companies are still relying on fax machines! HB 1357 streamlines and modernizes the prior authorization process. It will result in quicker access to care for patients. It passed both chambers unanimously. Watch below to see what some of my Republican colleagues had to say about the bill!
HB 1168: Prenatal Substance Exposure
Prenatal substance exposure can impact a child and their chance at success before they are even born. Washington has an interagency agreement dedicated to identification, prevention, and intervention programs for Fetal Alcohol Spectrum Disorder. It is time that our state treats children with prenatal substance exposure just as seriously. HB 1186 requires Washington to treat prenatal substance exposure the same way that it treats Fetal Alcohol Spectrum Disorder. All children deserve a fair shot to start life and this bill will ensure that kids and families impacted by substance use disorder have a chance.
HB 1169: Reforming the Legal Financial Obligation System
Right now, when a person cannot pay an LFO, it traps them in a cycle of debt that prevents them from moving on with their life. A criminal conviction already comes with significant collateral consequences in housing and employment. We do not need to continue forcing people who cannot pay into debt in order to fund our court system. HB 1169 reforms the LFO system and creates more opportunity for our neighbors who are returning to our communities. By eliminating LFOs that many are not able to afford, we free up our court clerks to collect important LFOs like victim restitution. Watch my speech on concurrence below.
HB 1082: Expanding Opportunity for Physical and Occupational Therapy Professionals
Physical and Occupational Therapists help people recover and rehabilitate from injuries and adapt to new physical realities. They often work in conjunction with other healthcare professionals Unfortunately, state law currently bars them from operating a professional service corporation with other healthcare professionals. These are two occupations could share facilities and clients with other healthcare professionals that might be useful at different stages of their rehabilitation. HB 1082 removes an unnecessary regulation and allows occupational and physical therapists to join into professional service corporations with other healthcare professionals including acupuncturists.
HB 1255: Reducing Stigma and Incentivizing Healthcare Professionals to Participate in Substance Use Disorder Treatment and Monitoring Program
The Washington Health Professional Services program is a treatment and monitoring program for healthcare professionals who are diagnosed with substance use disorder. Once the healthcare professional completes the course, they can retain their license to practice. Currently, however taking part in the program puts you on a publicly available list, even after you have completed the five-year program. This stigmatizes people with a treatable health condition and disincentivizes participation, at a time when we need more nurses. HB 1255 allows a healthcare provider’s name to come off this list once they have completed the program and provides some monetary assistance for participating in the program as it can be costly. Watch my speech from when the bill passed the House below.
HB 1081/SB 5192: Derelict Vessel Appeals
With thousands of miles of coastline, Washington has a unique and robust maritime industry. However, when vessels are abandoned, they can become a major risk to public safety, as well as the health of our maritime waters. Washington’s Derelict Vessel Removal Program can dispose of abandoned or derelict vessels and then bill the owner of the vessel for removal.
Currently, the owner of a seized vessel can appeal either the seizure of their vessel or the amount of reimbursement owed to the Pollution Control Hearings Board (PCHB). Because the PCHB members are political appointees and generally have more responsibilities than just their board duties, it can be difficult to schedule a timely appeal. Fortunately, the Environmental and Land Use Hearings Office, which administers the PCHB employs administrative law judges that would also be able to perform these hearings. This bill simply allows the PCHB to assign cases to these administrative law judges, speeding up an appeal for a vessel owner that feels they have been wronged and ensuring that the state recovers the cost of removing dangerous, derelict vessels from our waterways.
Thank you for reading my legislative newsletter. I will continue updating you periodically throughout the interim. Please continue to reach out to my office with your thoughts, concerns, and ideas!
Sincerely,
Rep. Tarra Simmons