SENATE AMENDED
PRIOR PRINTER'S NOS. 2569, 3106 PRINTER'S NO. 4216
No. 2065 Session of 1995
INTRODUCED BY VANCE, CORNELL, TRUE, FAJT, NAILOR, FAIRCHILD,
FARGO, SCHULER, FEESE, PETTIT, NICKOL, TIGUE, D. W. SNYDER,
DeLUCA, SCHRODER, MAITLAND, EGOLF, E. Z. TAYLOR, SURRA,
HERSHEY, GEIST, TULLI, STABACK, STISH, L. I. COHEN, COY,
BELARDI, SATHER, B. SMITH, RUBLEY, YOUNGBLOOD, JAROLIN,
READSHAW, MERRY, MILLER, BOSCOLA, HENNESSEY, TRELLO,
BATTISTO, LAUGHLIN, RAYMOND, CIVERA, MANDERINO, STEELMAN,
KING, DiGIROLAMO, COLAFELLA, BARD, OLASZ, SEMMEL, STETLER,
BROWNE, FLEAGLE, CLYMER, WAUGH, FICHTER, STRITTMATTER,
WASHINGTON AND STURLA, OCTOBER 4, 1995
SENATOR PETERSON, PUBLIC HEALTH AND WELFARE, IN SENATE, AS
AMENDED, NOVEMBER 13, 1996
AN ACT
1 Amending the act of April 14, 1972 (P.L.221, No.63), entitled,
2 as amended, "An act establishing the Pennsylvania Advisory
3 Council on Drug and Alcohol Abuse; imposing duties on the
4 Department of Health to develop and coordinate the
5 implementation of a comprehensive health, education and
6 rehabilitation program for the prevention and treatment of
7 drug and alcohol abuse and drug and alcohol dependence;
8 providing for emergency medical treatment; providing for
9 treatment and rehabilitation alternatives to the criminal
10 process for drug and alcohol dependence; and making repeals,"
11 adding a definition; providing for commitment of minors; AND <--
12 further providing for financial obligation.; and providing <--
13 for a juvenile inmate substance abuse program.
14 The General Assembly of the Commonwealth of Pennsylvania
15 hereby enacts as follows:
16 Section 1. Section 2(b) of the act of April 14, 1972
17 (P.L.221, No.63), known as the Pennsylvania Drug and Alcohol
18 Abuse Control Act, is amended by adding a definition to read:
1 Section 2. Definitions.
2 * * *
3 (b) As used in this act:
4 * * *
5 "Minor" means any person eighteen years of age or younger.
6 * * *
7 Section 2. Section 5 of the act is amended to read:
8 Section 5. Admissions and Commitments.--[Admissions] Except
9 as provided in section 5.1 12.1 of this act, admissions and <--
10 commitments to treatment facilities may be made according to the
11 procedural admission and commitment provisions of the act of
12 October 20, 1966 (P.L.96), known as the "Mental Health and
13 Mental Retardation Act of 1966."
14 Section 3. The act is amended by adding a section to read: <--
15 Section 9.1. State Juvenile Substance Abuse and Chemical
16 Dependency Assessment and Treatment Program.--(a) The Office of
17 Drug and Alcohol Programs within the Department of Health,
18 working in cooperation with the Department of Public Welfare is
19 hereby authorized to establish a pilot substance abuse and
20 chemical dependency assessment program for the purpose of
21 assessing and treating substance-abusing and chemically
22 dependent juvenile inmates while incarcerated in State
23 facilities. The program shall be contracted with a private drug
24 and alcohol treatment provider. The Department of Health and the
25 Department of Public Welfare shall select a pilot juvenile
26 facility or facilities to implement the program and shall
27 collaborate with the courts, other criminal justice agencies and
28 drug and alcohol treatment programs to develop written
29 guidelines and procedures governing the selection of the
30 juvenile facility or facilities, operation of the program,
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1 eligibility of treatment programs to apply to provide this
2 service and eligibility of inmates for the assessment and
3 treatment program. The pilot program established under this
4 section shall not take the place of any other existing
5 therapeutic community drug and alcohol program in any State
6 juvenile facility.
7 (b) Assessments of drug and alcohol abuse and dependency
8 shall be performed by drug and alcohol counselors who have been
9 certified by the Pennsylvania Chemical Abuse Certification Board
10 (PCACB) or who hold a reciprocity-level certification by the
11 International Certification Reciprocity Consortium (ICRC).
12 (c) If the assessment determines that the incarcerated
13 juvenile is in need of alcohol or other drug treatment, the
14 juvenile shall be referred to the treatment program provided
15 within the juvenile facility.
16 (d) The alcohol and drug treatment program or programs
17 within the juvenile institution shall be established and
18 administered in a separate area of the prison by private alcohol
19 and drug treatment programs licensed by the Office of Drug and
20 Alcohol Programs within the Department of Health. In addition to
21 licensure, drug and alcohol treatment programs eligible to apply
22 to provide this service must have at least five years'
23 experience in treating chemically dependent individuals involved
24 with the criminal justice system, five years' experience running
25 a therapeutic community and be able to provide a long-term
26 residential therapeutic community within the juvenile facility.
27 In addition, as part of the application process, the treatment
28 program must demonstrate the ability to provide post-prison
29 aftercare and continuing care treatment facilities.
30 (e) The substance abuse and chemical dependency assessments
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1 under this section shall incorporate methods for detection and
2 determination of chronic drug and alcohol addiction and shall
3 include, but not be limited to, drug and alcohol counseling and
4 evaluation, chemical testing and any other acceptable means for
5 detection and determination of substance abuse and chemical
6 dependency.
7 (f) The Office of Drug and Alcohol Treatment Programs within
8 the Department of Health shall conduct an ongoing, comprehensive
9 evaluation program to determine the effectiveness of the
10 substance abuse assessment pilot program in reducing criminal
11 behavior, recidivism, arrest and commitments to juvenile
12 institutions. In addition, the Office of Drug and Alcohol
13 Treatment Programs shall collaborate with the Department of
14 Public Welfare to secure medical assistance payments to cover
15 the cost of drug and alcohol detoxification and rehabilitation
16 services for any person eligible for the payments.
17 (g) On or before March 1 of each year, the Department of
18 Health shall submit a report to the General Assembly which shall
19 include, but not be limited to, a comprehensive evaluation to
20 determine the effectiveness of the substance abuse assessment
21 pilot program in reducing criminal behavior, recidivism, arrest
22 and commitments to juvenile institutions.
23 Section 4. Section 12 of the act is amended to read:
24 Section 12. [Consent of Minor] Parental Notification of
25 Diagnosis, Treatment or Counseling of Minor.--Notwithstanding
26 any other provisions of law, a minor who suffers from the use of
27 a controlled or harmful substance may give consent to furnishing
28 of medical care or counseling related to diagnosis or treatment.
29 The consent of the parents or legal guardian of the minor shall
30 not be necessary to authorize medical care or counseling related
19950H2065B4216 - 4 -
1 to such diagnosis or treatment. [The consent of the minor shall
2 be valid and binding as if the minor had achieved his majority.
3 Such consent shall not be voidable nor subject to later
4 disaffirmance because of minority. Any physician or any agency
5 or organization operating a drug abuse program, who provides
6 counseling to a minor who uses any controlled or harmful
7 substance may, but shall not be obligated to inform the parents
8 or legal guardian of any such minor as to the treatment given or
9 needed.] Any physician, agency or organization operating a drug
10 abuse program that provides counseling or furnishes medical care
11 to a minor who uses any controlled or harmful substance shall be
12 obligated to inform the single county authority of the county in
13 which the physician, agency or organization operating a drug
14 abuse program provides the minor with counseling or medical
15 care. The single county authority shall be responsible for
16 informing the parent or legal guardian of any such minor as to
17 the treatment given or needed. Exemptions to this section shall
18 be granted by the single county authority if the minor can
19 present evidence that the parent or legal guardian of the minor:
20 (1) will refuse to allow the minor to live in the same
21 residence if disclosure is made regarding counseling or medical
22 care received from a physician, agency or organization operating
23 a drug abuse program;
24 (2) has emotionally or physically abused the minor or poses
25 an emotional or physical threat to the minor if disclosure is
26 made regarding counseling or medical care received from a
27 physician, agency or organization operating a drug abuse
28 program; or
29 (3) has exhibited neglect of the minor.
30 Section 5. The act is amended by adding a section to read:
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1 Section 12.1. Commitment of Minors.--(a) A parent or legal
2 guardian who has legal or physical custody of a minor may
3 petition the court of common pleas of the judicial district
4 where the minor is domiciled for commitment of the minor to
5 inpatient drug and alcohol treatment services if the minor is
6 incapable of accepting or unwilling to accept voluntary
7 admission to a drug or alcohol treatment facility.
8 (b) Upon petition pursuant to subsection (a), the court
9 shall appoint counsel for the minor. A minor who is alleged to
10 have a dependency on drugs or alcohol shall be ordered to
11 undergo a drug and alcohol assessment performed by a certified
12 addiction counselor. The court shall hear the testimony of the
13 certified addiction counselor at the hearing on the petition for
14 involuntary commitment.
15 (c) The court may order the minor committed to inpatient
16 services for ninety days if all of the following apply:
17 (1) The court finds, beyond a reasonable doubt, that: (i)
18 the minor is a drug-dependent person; and (ii) the minor is
19 incapable of accepting or unwilling to accept voluntary
20 admission to a drug or alcohol treatment facility.
21 (2) The court finds that the minor will benefit from
22 involuntary inpatient services.
23 (d) A minor ordered to undergo treatment due to a
24 determination pursuant to subsection (c) shall remain under the
25 SECTION 3. THE ACT IS AMENDED BY ADDING A SECTION TO READ: <--
26 SECTION 12.1. COMMITMENT OF MINORS.--(A) A PARENT OR LEGAL
27 GUARDIAN WHO HAS LEGAL OR PHYSICAL CUSTODY OF A MINOR MAY
28 PETITION THE COURT OF COMMON PLEAS OF THE JUDICIAL DISTRICT
29 WHERE THE MINOR IS DOMICILED FOR COMMITMENT OF THE MINOR TO
30 INVOLUNTARY DRUG AND ALCOHOL TREATMENT SERVICES, INCLUDING
19950H2065B4216 - 6 -
1 INPATIENT SERVICES IF THE MINOR IS INCAPABLE OF ACCEPTING OR
2 UNWILLING TO ACCEPT VOLUNTARY TREATMENT.
3 (B) UPON PETITION PURSUANT TO SUBSECTION (A), THE COURT
4 SHALL APPOINT COUNSEL FOR THE MINOR. A MINOR WHO IS ALLEGED TO
5 HAVE A DEPENDENCY ON DRUGS OR ALCOHOL SHALL BE ORDERED TO
6 UNDERGO A DRUG AND ALCOHOL ASSESSMENT PERFORMED BY A
7 PSYCHIATRIST, A LICENSED PSYCHOLOGIST WITH SPECIFIC TRAINING IN
8 DRUG AND ALCOHOL ASSESSMENT AND TREATMENT, A CERTIFIED ADDICTION
9 COUNSELOR OR AN INDIVIDUAL CERTIFIED BY THE COMMONWEALTH TO
10 PERFORM DRUG AND ALCOHOL ASSESSMENT. THE COURT SHALL HEAR THE
11 TESTIMONY OF THE PERSONS UNDER THIS SUBSECTION AT THE HEARING ON
12 THE PETITION FOR INVOLUNTARY COMMITMENT.
13 (C) THE COURT MAY ORDER THE MINOR COMMITTED TO INVOLUNTARY
14 DRUG AND ALCOHOL TREATMENT, INCLUDING INPATIENT SERVICES FOR UP
15 TO NINETY DAYS IF ALL OF THE FOLLOWING APPLY:
16 (1) THE COURT FINDS, BEYOND A REASONABLE DOUBT, THAT: (I)
17 THE MINOR IS A DRUG-DEPENDENT PERSON; AND (II) THE MINOR IS
18 INCAPABLE OF ACCEPTING OR UNWILLING TO ACCEPT VOLUNTARY
19 TREATMENT SERVICES.
20 (2) THE COURT FINDS THAT THE MINOR WILL BENEFIT FROM
21 INVOLUNTARY TREATMENT SERVICES.
22 (D) A MINOR ORDERED TO UNDERGO INPATIENT TREATMENT DUE TO A
23 DETERMINATION PURSUANT TO SUBSECTION (C) SHALL REMAIN UNDER THE
24 treatment designated by the court for a period of ninety days
25 unless sooner discharged. At the end of the ninety-day period,
26 the court shall conduct a review hearing for the purpose of
27 determining whether further treatment is necessary. If the court
28 determines that further treatment is needed, the court may order
29 the minor recommitted to inpatient services for an additional
30 period of treatment not to exceed ninety days unless sooner
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1 discharged. The court may continue the minor in treatment for
2 successive ninety-day periods pursuant to determinations that
3 the minor will benefit from inpatient services for an additional
4 ninety days.
5 Section 6 4. Section 13 of the act is amended to read: <--
6 Section 13. Financial Obligations.--(a) Except for minors,
7 all persons receiving treatment under this act shall be subject
8 to the provisions of Article V of the act of October 20, 1966
9 (P.L.96), known as the "Mental Health and Mental Retardation Act
10 of 1966," in so far as it relates to liabilities and payments
11 for services rendered by the Commonwealth.
12 (b) In the case of proceedings under section 12.1 of this
13 act, unless the court finds that the parent or legal guardian is
14 without financial resources, the parent or legal guardian shall
15 be obligated for all of the following:
16 (1) Court costs.
17 (2) Counsel fees for the minor.
18 (3) The cost of inpatient ASSESSMENT AND TREATMENT services. <--
19 Section 7. Nothing in this amendatory act shall relieve an <--
20 insurer, health maintenance organization, managed care firm or
21 third party administrator operating in this State of its
22 responsibilities to provide inpatient drug and alcohol services
23 pursuant to Article VI-A of the act of May 17, 1921 (P.L.682,
24 No.284), known as The Insurance Company Law of 1921, or section
25 2334 of the act of April 9, 1929 (P.L.177, No.175), known as The
26 Administrative Code of 1929, or any other law governing drug and
27 alcohol benefits in this State. A commitment order issued by a
28 court of common pleas committing a minor to inpatient drug and
29 alcohol services shall be forwarded to the insurer, health
30 maintenance organization, managed care firm or third party
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1 administrator by the parent of the minor in conjunction with
2 filing any claim relating to benefits. Failure of an insurer,
3 health maintenance organization, managed care firm or third
4 party administrator operating in this State to comply with
5 Article VI-A of The Insurance Company Law of 1921, or section
6 2334 of The Administrative Code of 1929 in respect to coverage
7 of mandated benefits that has been ordered by a court shall
8 constitute an unfair insurance practice and be subject to the
9 provisions of the act of July 22, 1974 (P.L.589, No.205), known
10 as the Unfair Insurance Practices Act.
11 SECTION 5. NOTHING IN THIS ACT SHALL RELIEVE, RESTRICT OR <--
12 EXPAND THE OBLIGATIONS OF ANY INSURER, HEALTH MAINTENANCE
13 ORGANIZATION, THIRD-PARTY ADMINISTRATORS, HOSPITAL PLAN
14 CORPORATION OR HEALTH SERVICES PLAN CORPORATION DOING BUSINESS
15 IN THIS COMMONWEALTH WITH RESPECT TO THE COVERAGE OF DRUG AND
16 ALCOHOL BENEFITS, AS SET FORTH IN ARTICLE VI-A OF THE ACT OF MAY
17 17, 1921 (P.L.682, NO.284), KNOWN AS THE INSURANCE COMPANY LAW
18 OF 1921, SECTION 2334 OF THE ACT OF APRIL 9, 1929 (P.L.177,
19 NO.175), KNOWN AS THE ADMINISTRATIVE CODE OF 1929, THE ACT OF
20 DECEMBER 29, 1972 (P.L.1701, NO.364), KNOWN AS THE HEALTH
21 MAINTENANCE ORGANIZATION ACT OR 40 PA.C.S. CHS. 61 (RELATING TO
22 HOSPITAL PLAN CORPORATIONS) AND 63 (RELATING TO PROFESSIONAL
23 HEALTH SERVICES PLAN CORPORATIONS).
24 Section 8 6. All acts and parts of acts are repealed insofar <--
25 as they are inconsistent with this act.
26 Section 9. This act shall take effect as follows: <--
27 (1) The amendment or addition of sections 12.1 and 13 of
28 the act shall take effect in 60 days.
29 (2) This section shall take effect immediately.
30 (3) The remainder of this act shall take effect in 90
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1 days.
2 SECTION 7. THIS ACT SHALL TAKE EFFECT IN 60 DAYS. <--
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