A Board Member s Guide to the 301 System

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1 Kelly M. Jolley, Esq. Behavioral Health Services Association of South Carolina Board Training January 12, 2019 A Board Member s Guide to the 301 System The Who, What, When, Where and How

2 The Best Boards Understand and commit to the vision and mission of their organization Know they organization s particular compliance requirements Know their organization s environment Keep up to date on their industry Use their knowledge and relationships to help their organization

3 Today History Legal Context Your Role Moving Your Agency Forward

4 History

6 Alcohol Abuse is an old problem

7 An Inquiry Into the Effects of Arden Spirits on the Human Mind and Body - Benjamin Rush, 1784 Have a small beer; it will bring Serenity of Mind, Reputation, Long Life, & Happiness. Even a strong beer is okay if sipped only at meals because it brings Cheerfulness, Strength, and Nourishment. However, the usual downward spiral of drink from water and wine to punches, toddies and cordials and then to gin, brandy, and rum day and night leads to vice: Idleness, Gaming, peevishness, quarrelling, Fighting, Horse-Racing, Lying and Swearing, Stealing and Swindling, Perjury, Burglary, [and] Murder.

8 Why the concern? Virtue and productivity of our citizens were key to success for the American experiment. Once the Constitution was ratified, alcoholic consumption went up and continued to increase over the next four decades. Peak consumption was 7.1 gallons of pure alcohol per person per year in In 2013, by contrast, Americans over 14 each drank an average of 2.34 gallons of pure alcohol.

9 Alcoholism During the colonial period, hard liquor was widely viewed as medically beneficial. Rush warned against the use of spirits to combat the effect of heat, cold and fatigue. Perhaps most importantly, Rush identified alcoholism as a progressive disease and was one of the first people to propose a place where a drinker inflicted with this odious disease could go to get sober.

10 Temperance Movement Churches introduced abstinence pledges as early as Earliest temperance organizations founded at Saratoga, NY in 1808 and Massachusetts in By 1833, there were 6,000 local societies in the U.S. In 1838, Massachusetts passed a law prohibiting sales of spirits of less than 15 gallons. Repealed 2 years later.

12 South Carolina Timeline law prohibiting sale of liquor to salves without authorization imposed special tax on spirits temperance movement begins state licenses liquor first Woman s Christian Temperance Union (WCTU) chapter in a southern state formed in SC more than 60 dry towns and counties under local option laws dispensary system created

13 Prohibition

15 High opioid addiction rates In 1868, Horace B. Day published Opium Habit and estimated that 80, ,000 Americans were addicted. Addiction especially high in the South following the Civil War. Thousands of Civil War soldiers were first dosed with opium or morphine in field hospitals during the war and returned home with an addiction. Heartbroken families also turned to opium to cope with loss.

18 1906 Pure Food and Drug Act 1909 Smoking Opium Exclusion Act 1914 Harrison Narcotics Tax Act 1922 Narcotic Drug Import and Export Act 1924 Heroin Act 1934 Uniform State Narcotic Drug Act 1937 Marihauana Tax Act 1961 Convention on Narcotics 1966 Narcotic Addict Rehabilitation Act 1970 Controlled Substances Act 1970 Comprehensive Alcoholism and Treatment Act ( the Hughes Act )

19 Harrison Narcotics Tax Act December 17, 1914 Regulated and taxed the production, importation and distribution of opiates and coca products. "An Act To provide for the registration of, with collectors of internal revenue, and to impose a special tax on all persons who produce, import, manufacture, compound, deal in, dispense, sell, distribute, or give away opium or coca leaves, their salts, derivatives, or preparations, and for other purposes." Courts interpreted this to mean that physicians could prescribe narcotics to patients in the course of normal treatment, but not for the treatment of addiction.

20 1937 Marihauna Tax Act Regulations and restrictions began as early as The National Conference of Commissioners on Uniform State Laws developed the Uniform State Narcotic Drug Act in 1934 due to the lack of restrictions in the Harrison Act of The act was a revenue-producing act and, while it provided penalties for violations, it did not give authority to the states to exercise police power regarding either seizure of drugs used in illicit trade or punishment of those responsible

South Carolina Timeline 1950s - AMA and ABA advocate treatment of alcohol and drug abuse rather than incarceration SC General Assembly authorized the creation of the

21 South Carolina Timeline 1950s - AMA and ABA advocate treatment of alcohol and drug abuse rather than incarceration SC General Assembly authorized the creation of the SC Alcoholic Center charged with opening inpatient treatment center and statewide education program Palmetto Center opened in Florence in July only treated alcohol

22 SC Commission on Alcoholism the SC Alcoholic Center was reorganized as the SC Commission on Alcoholism Independent governmental public health agency responsible for providing programs and services to prevent and control state s alcohol-related issues direct treatment transferred out of agency but returned in 1970

23 The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act Commission appointed single state agency charged with developing and supervising the administration of the State Plan for Alcohol Abuse and Alcoholism

24 Drug Problems General Assembly conducted legislative committee hearing on use of drugs in SC Act creation of the South Carolina Office of the Commission of Narcotics and Controlled Substances Office housed within Governor s Office and provided programs and services related to drug use other than alcohol the Drug Abuse Office and Treatment Act of single state authority for developing and supervising administration of State Plan for Drug Abuse

Merger 1974 - Act 1068 - merged two agencies to form the South Carolina Commission on Alcohol and Drug Abuse (SCCADA) SCCADA had an 11 member

25 Merger Act merged two agencies to form the South Carolina Commission on Alcohol and Drug Abuse (SCCADA) SCCADA had an 11 member policy-policy-making and governing board and was charged with establishing a state-wide system and with coordinating prevention and treatment programs

26 Law

27 Act 1063 of 1972 Provided that 1/4 of mini-bottle tax revenue would be distributed to counties for education and treatment programs for alcohol and drug abuse Revenue distributed on a per capita basis

28 Act 301 of 1973 Each county must designate a single county authority on alcohol and other drug abuse to act as the sole agency for alcohol and drug abuse planning for all programs funded by Act 1063 Each county authority must create a county alcohol and drug abuse education plan to be approved by the state authority (then authorities) for alcohol and drug abuse as a precondition to receiving any mini-bottle funds All 46 counties had appointed a local authority and approved county plan by 1975

29 Act 265 of 1993 Commission became the new cabinet level agency named the South Carolina Department of Alcohol and Other Drug Abuse Services (DAODAS)

30 Governing & Advising

31 [T]he governing body of each county shall Designate a single existing county agency or organization, either public or private, as the sole agency in the county for alcohol and drug abuse planning for programs funded by revenues allocated pursuant to Act 1063 of 1972 or create a new agency for that purpose. Act 301, Section 2(a)

32 The single county agency, as provided for in Section 2, shall provide for citizen participation and consumer input in the development and implementation of the county alcohol and drug abuse plan through an existing board or advisory committee or, where none exists where citizen participation is non-existent, through the establishment of a county advisory committee, which shall consult with and advise the single county agency in the development and implementation of the county plan. Act 301, Section 3

33 Advisory Board Non-governing body that provides advice Members serve as community ambassadors Provide insight - citizen participation & consumer input Challenges: (1) clarifying role, (2) willingness to take advice, and (3) supporting the board

34 Moving Forward

Alcohol is the most frequently used drug in the United

Alcohol is the most frequently used drug in the United Prohibition Excerpt from the Eighteenth Amendment Prohibition of Intoxicating Liquors Adopted on January 29, 1919 Reprinted from the Findlaw Web site at http://caselaw.lp.findlaw.com/ data/constitution/amendments18/