PRINTER'S NO.  1414

  

THE GENERAL ASSEMBLY OF PENNSYLVANIA

  

HOUSE BILL

 

No.

1186

Session of

2009

  

  

INTRODUCED BY DiGIROLAMO, McCALL, BAKER, MAHONEY, SAYLOR, ADOLPH, ARGALL, BARRAR, BEAR, BELFANTI, BEYER, BISHOP, BOYD, BRENNAN, BROWN, BUXTON, CALTAGIRONE, CASORIO, CAUSER, CHRISTIANA, CIVERA, CLYMER, COHEN, CONKLIN, CURRY, CUTLER, DALEY, DALLY, DENLINGER, DePASQUALE, DERMODY, DeWEESE, DRUCKER, J. EVANS, EVERETT, FABRIZIO, FARRY, FLECK, FRANKEL, GALLOWAY, GEIST, GEORGE, GIBBONS, GINGRICH, GOODMAN, GROVE, GRUCELA, HALUSKA, HARHAI, HARHART, HARKINS, HARRIS, HELM, HENNESSEY, HESS, HICKERNELL, HORNAMAN, HOUGHTON, JOHNSON, JOSEPHS, W. KELLER, KESSLER, KILLION, KIRKLAND, KORTZ, KOTIK, KULA, LEVDANSKY, LONGIETTI, MANDERINO, MANN, MARKOSEK, MARSHALL, MARSICO, MATZIE, McGEEHAN, McILVAINE SMITH, MELIO, MILNE, MOUL, MURPHY, MURT, MYERS, OBERLANDER, M. O'BRIEN, OLIVER, O'NEILL, PARKER, PAYNE, PAYTON, PERZEL, PETRARCA, PETRI, PHILLIPS, PICKETT, PRESTON, PYLE, QUIGLEY, QUINN, READSHAW, REICHLEY, ROEBUCK, ROHRER, ROSS, SABATINA, SAMUELSON, SANTARSIERO, SANTONI, SCHRODER, SEIP, SHAPIRO, SIPTROTH, K. SMITH, SOLOBAY, SONNEY, STABACK, STURLA, SWANGER, J. TAYLOR, R. TAYLOR, THOMAS, TRUE, VEREB, VULAKOVICH, WAGNER, WALKO, WATERS, WATSON, WHITE, WILLIAMS, YOUNGBLOOD AND SAINATO, APRIL 3, 2009

  

  

REFERRED TO COMMITTEE ON HEALTH AND HUMAN SERVICES, APRIL 3, 2009  

  

  

  

AN ACT

  

1

Amending the act of April 9, 1929 (P.L.177, No.175), entitled

2

"An act providing for and reorganizing the conduct of the

3

executive and administrative work of the Commonwealth by the

4

Executive Department thereof and the administrative

5

departments, boards, commissions, and officers thereof,

6

including the boards of trustees of State Normal Schools, or

7

Teachers Colleges; abolishing, creating, reorganizing or

8

authorizing the reorganization of certain administrative

9

departments, boards, and commissions; defining the powers and

10

duties of the Governor and other executive and administrative

11

officers, and of the several administrative departments,

12

boards, commissions, and officers; fixing the salaries of the

13

Governor, Lieutenant Governor, and certain other executive

 


1

and administrative officers; providing for the appointment of

2

certain administrative officers, and of all deputies and

3

other assistants and employes in certain departments, boards,

4

and commissions; and prescribing the manner in which the

5

number and compensation of the deputies and all other

6

assistants and employes of certain departments, boards and

7

commissions shall be determined," establishing the Department

8

of Drug and Alcohol Programs; repealing related provisions of

9

the Pennsylvania Drug and Alcohol Abuse and Control Act; and

10

making editorial changes.

11

The General Assembly of the Commonwealth of Pennsylvania

12

hereby enacts as follows:

13

Section 1.  Section 201 of the act of April 9, 1929 (P.L.177,

14

No.175), known as The Administrative Code of 1929, amended

15

December 30, 1984 (P.L.1299, No.245) and repealed in part May

16

26, 1988 (P.L.414, No.72), is amended to read:

17

Section 201.  Executive Officers, Administrative Departments

18

and Independent Administrative Boards and Commissions.--(a)  The

19

executive and administrative work of this Commonwealth shall be

20

performed by the Executive Department, consisting of the

21

Governor, Lieutenant Governor, Secretary of the Commonwealth,

22

Attorney General, Auditor General, State Treasurer, and

23

Secretary of Education; by the Executive Board, and the

24

Pennsylvania State Police; by the following administrative

25

departments: Department of State, Office of Attorney General,

26

Department of Corrections, Department of the Auditor General,

27

Treasury Department, Department of Education, Department of

28

Military Affairs, Insurance Department, Department of Banking,

29

Department of Agriculture, Department of Transportation,

30

Department of Health, Department of Drug and Alcohol Programs, 

31

Department of Labor and Industry, Department of Aging,

32

Department of Public Welfare, Department of General Services,

33

Department of Revenue, [Department of Commerce, Department of

34

Community Affairs and Department of Environmental Resources]

35

Department of Community and Economic Development, Department of

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1

Environmental Protection and Department of Conservation and

2

Natural Resources; and by the following independent

3

administrative boards and commissions: Pennsylvania Game

4

Commission, Pennsylvania Fish and Boat Commission, State Civil

5

Service Commission, Pennsylvania Public Utility Commission and

6

the Pennsylvania Securities Commission.

7

(b)  All of the provisions of this act, which apply generally

8

to administrative departments, or generally except to the

9

Department of the Auditor General, the Treasury Department and

10

the Office of Attorney General, shall apply to the Executive

11

Board and to the Pennsylvania State Police.

12

Section 2.  Section 202 of the act is amended by adding,

13

before the last paragraph, a clause to read:

14

Section 202.  Departmental Administrative Boards,

15

Commissions, and Offices.--The following boards, commissions,

16

and offices are hereby placed and made departmental

17

administrative boards, commissions, or offices, as the case may

18

be, in the respective administrative departments mentioned in

19

the preceding section, as follows:

20

* * *

21

In the Department of Drug and Alcohol Programs,

22

Bureau of Prevention and Intervention,

23

Bureau of Treatment,

24

Bureau of Administration.

25

All of the foregoing departmental administrative boards and

26

commissions shall be organized or reorganized as provided in

27

this act.

28

Section 3.  Section 203 of the act, amended December 3, 1970

29

(P.L.834, No.275), July 22, 1975 (P.L.75, No.45), June 20, 1978

30

(P.L.477, No.70), December 6, 1982 (P.L.774, No.223) and June

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1

30, 1988 (P.L.475, No.80), is amended to read:

2

Section 203.  Advisory Boards and Commissions.--The following

3

advisory boards and commissions are placed in and made parts of

4

the respective administrative departments, as follows:

5

In the Department of Military Affairs,

6

State Military Reservation Commission,

7

In the Department of Environmental [Resources] Protection,

8

Citizens Advisory Council;

9

In the Department of Health,

10

Advisory Health Board;

11

In the Department of Labor and Industry,

12

Advisory Council on Affairs of the Handicapped,

13

Advisory Board on Problems of Older Workers,

14

Policy, Planning and Evaluation Advisory Committee;

15

In the Department of Public Welfare,

16

State Board of Public Welfare,

17

Advisory Committee for the Blind,

18

Advisory Committee for General and Special Hospitals,

19

Advisory Committee for Children and Youth,

20

Advisory Committee for Public Assistance,

21

Advisory Committee for Mental Health and Mental

22

Retardation.

23

Section 4.  Section 206 of the act, amended December 30, 1984

24

(P.L.1299, No.245), is amended to read:

25

Section 206.  Department Heads.--Each administrative

26

department shall have as its head an officer who shall, either

27

personally, by deputy, or by the duly authorized agent or

28

employe of the department, and subject at all times to the

29

provisions of this act, exercise the powers and perform the

30

duties by law vested in and imposed upon the department.

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1

The following officers shall be the heads of the

2

administrative departments following their respective titles:

3

Secretary of the Commonwealth, of the Department of State;

4

Auditor General, of the Department of the Auditor General;

5

State Treasurer, of the Treasury Department;

6

Attorney General, of the Office of Attorney General;

7

Secretary of Education, of the Department of Education;

8

Adjutant General, of the Department of Military Affairs;

9

Insurance Commissioner, of the Insurance Department;

10

Secretary of Banking, of the Department of Banking;

11

Secretary of Agriculture, of the Department of Agriculture;

12

Secretary of Transportation, of the Department of

13

Transportation;

14

Secretary of Health, of the Department of Health;

15

Secretary of Drug and Alcohol Programs, of the

16

Department of Drug and Alcohol Programs;

17

Secretary of Labor and Industry, of the Department of Labor

18

and Industry;

19

Secretary of Aging, of the Department of Aging;

20

Secretary of Public Welfare, of the Department of Public

21

Welfare;

22

Secretary of Revenue, of the Department of Revenue;

23

[Secretary of Commerce, of the Department of Commerce;

24

Secretary of Community Affairs, of the Department of

25

Community Affairs;

26

Secretary of Environmental Resources, of the Department of

27

Environmental Resources;]

28

Secretary of Community and Economic Development, of the

29

Department of Community and Economic Development;

30

Secretary of Environmental Protection, of the Department of

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1

Environmental Protection;

2

Secretary of Conservation and Natural Resources, of the

3

Department of Conservation and Natural Resources;

4

Secretary of General Services, of the Department of General

5

Services;

6

Secretary of Corrections, of the Department of Corrections.

7

Section 5.  Section 207.1(d)(1) of the act, amended December

8

30, 2002 (P.L.2075, No.231), is amended to read:

9

Section 207.1.  Gubernatorial Appointments.--* * *

10

(d)  The Governor shall nominate in accordance with the

11

provisions of the Constitution of the Commonwealth of

12

Pennsylvania and, by and with the advice and consent of a

13

majority of the members elected to the Senate appoint persons to

14

fill the following positions:

15

(1)  The Secretary of Education, the Secretary of the

16

Commonwealth, the Adjutant General, the Insurance Commissioner,

17

the Secretary of Banking, the Secretary of Agriculture, the

18

Secretary of Transportation, the Secretary of Health, the

19

Secretary of Drug and Alcohol Programs, the Commissioner of the

20

State Police, the Secretary of Corrections, the Secretary of

21

Labor and Industry, the Secretary of Aging, the Secretary of

22

Public Welfare, the Secretary of General Services, the Secretary

23

of Revenue, the Secretary of Community and Economic Development,

24

the Secretary of Environmental Protection and the Secretary of

25

Conservation and Natural Resources.

26

* * *

27

Section 6.  Section 451(b) of the act, amended July 7, 1989

28

(P.L.241, No.42), is amended to read:

29

Section 451.  State Planning Board.--* * *

30

(b)  (1)  The State Planning Board shall consist of fifteen

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1

members to be appointed by the Governor from among the citizens

2

of the State, who during their terms shall hold no other office

3

in the executive branch of State Government to which any salary

4

is attached. In addition to these members, there shall be six ex

5

officio members, the Secretary of Agriculture, the [Secretary of

6

Commerce, the Secretary of Community Affairs, the Secretary of

7

Environmental Resources] Secretary of Community and Economic

8

Development, the Secretary of Environmental Protection, the

9

Secretary of Conservation and Natural Resources, the Secretary

10

of Public Welfare and the Secretary of Transportation. There

11

shall also be two members appointed by, and serve at the

12

pleasure of, the President pro tempore of the Senate, neither of

13

whom shall be members of the same political party, and two

14

members appointed by, and serve at the pleasure of, the Speaker

15

of the House of Representatives, neither of whom shall be

16

members of the same political party. The terms of office of

17

those members appointed by the Governor shall be for four years

18

and until their successors are appointed and have qualified. In

19

case of a vacancy, the Governor shall make an appointment for

20

the unexpired portion of the term. The Governor shall designate

21

the chairman and vice-chairman of the board from among the

22

members of the board, other than the ex officio and legislative

23

members.

24

(2)  Thirteen members of the board shall constitute a quorum.

25

(3)  The members of the board shall serve without

26

compensation but shall be entitled to receive traveling and

27

other reasonable expenses incurred in the discharge of their

28

duties.

29

(4)  The board may, with the approval of the Governor,

30

appoint and fix the compensation of an executive director who

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1

shall be technically qualified for the duties of the office and

2

who shall act as secretary of the board and conduct the work of

3

the board under its supervision.

4

* * *

5

Section 7.  Section 1209 introductory paragraph and (b) of

6

the act, amended February 1, 1966 (1965 P.L.1849, No.582), are

7

amended to read:

8

Section 1209.  Local Government Budget and Financial Reports;

9

Compilation of Statistics.--The Department of Community

10

[Affairs] and Economic Development shall have power and its duty

11

shall be:

12

* * *

13

(b)  To furnish to the corporate authorities of each county

14

(except counties of the first class), city of the third class,

15

borough, incorporated town, township suitable blank forms for

16

the making of annual reports of the financial condition of their

17

respective local governments to the department, which forms for

18

financial report purposes shall be placed by said corporate

19

authorities into the hands of the director, controller or

20

auditors who by law are required to make such financial reports

21

to the department. Such annual financial reports shall be

22

prepared in cooperation with aforesaid duly authorized

23

committees of local government officials and shall contain: (1)

24

a statement of the receipts of the unit of local government from

25

all sources and of all accounts and revenue which may be due and

26

uncollected at the close of the fiscal year; (2) a statement of

27

the disbursements for all the governmental activities of the

28

unit of local government during the fiscal year; (3) a detailed

29

statement of the indebtedness of the unit of local government at

30

the close of the fiscal year, the provisions made for the

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1

payment thereof, together with the purposes for which it was

2

incurred; (4) a statement of the cost of ownership and operation

3

of each and every public service industry owned, maintained or

4

operated by the unit of local government; (5) such further or

5

more specific information in relation to the cost of any branch

6

of the local government and improvements therein as may be

7

required by the department.

8

In the case of blank forms for financial reports by townships

9

of the second class and counties, the same shall be so arranged

10

that corresponding data and information, required to be reported

11

by said units of local government to the Department of

12

[Highways] Transportation or the Department of Public Welfare,

13

may be used for the information required to be furnished to the

14

Department of Community [Affairs] and Economic Development under

15

this section.

16

* * *

17

Section 8.  Section 2203-A(a)(11) and (26) of the act,

18

amended December 15, 1988 (P.L.1244, No.153), are amended to

19

read:

20

Section 2203-A.  Powers and Duties in General.-(a)  The

21

Department of Aging hereinafter referred to in this article as

22

the department shall, subject to any inconsistent provisions in

23

this act contained, have the power and its duty shall be to:

24

* * *

25

(11)  Promote and support programs, studies and policies, in

26

cooperation with the Departments of Labor and Industry,

27

Education, [Commerce] Community and Economic Development, Public

28

Welfare and other agencies, which will enhance the opportunity

29

for continued work, education and training for older persons and

30

for preretirement assistance where appropriate.

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1

* * *

2

(26)  Review and comment on all rules, regulations,

3

eligibility or payment standards issued by the Departments of

4

Public Welfare, Environmental [Resources, Health] Protection or

5

Labor and Industry relating to the licensure and regulation of

6

nursing homes, hospitals, and other health facilities; medical

7

assistance, supplemental security income; homemaking and home-

8

health care or residential care facilities for older adults.

9

Said rules, regulations and standards shall not take effect

10

until they have been submitted to the department for comment.

11

* * *

12

Section 9.  The act is amended by adding an article to read:

13

ARTICLE XXIII-A

14

POWERS AND DUTIES OF THE DEPARTMENT OF DRUG

15

AND ALCOHOL PROGRAMS

16

Section 2301-A.  Powers and duties.

17

The Department of Drug and Alcohol Programs shall have the

18

power, and its duty shall be:

19

(1)  To develop and adopt a State plan for the control,

20

prevention, intervention, treatment, rehabilitation,

21

research, education and training aspects of drug and alcohol

22

abuse and dependence problems. The State plan shall include,

23

but not be limited to, provision for:

24

(i)  Coordination of the efforts of all State

25

agencies in the control, prevention, intervention,

26

treatment, rehabilitation, research, education and

27

training aspects of drug and alcohol abuse and dependence

28

problems so as to avoid duplications and inconsistencies

29

in the efforts of the agencies.

30

(ii)  Coordination of all health and rehabilitation

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1

efforts to deal with the problem of drug and alcohol

2

abuse and dependence, including, but not limited to,

3

those relating to vocational rehabilitation, manpower

4

development and training, senior citizens, law

5

enforcement assistance, parole and probation systems,

6

jails and prisons, health research facilities, mental

7

retardation facilities and community mental health

8

centers, juvenile delinquency, health professions,

9

educational assistance, hospital and medical facilities,

10

social security, community health services, education

11

professions development, higher education, Commonwealth

12

employees health benefits, economic opportunity,

13

comprehensive health planning, elementary and secondary

14

education, highway safety and the civil service laws.

15

(iii)  Encouragement of the formation of local

16

agencies and local coordinating councils, and promotion

17

of cooperation and coordination among such groups, and

18

encouragement of communication of ideas and

19

recommendations from such groups to the Pennsylvania

20

Advisory Council on Drug and Alcohol Abuse.

21

(iv)  Development of model drug and alcohol abuse and

22

dependence control plans for local government, utilizing

23

the concepts incorporated in the State plan. The model

24

plans shall be reviewed on a periodic basis but not less

25

than once a year, and revised to keep them current. The

26

model plans shall specify how all types of community

27

resources and existing Federal and Commonwealth

28

legislation may be utilized.

29

(v)  Assistance and consultation to local

30

governments, public and private agencies, institutions

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1

and organizations, and individuals with respect to the

2

prevention and treatment of drug and alcohol abuse and

3

dependence, including coordination of programs among

4

them.

5

(vi)  Cooperation with organized medicine to

6

disseminate medical guidelines for the use of drugs and

7

controlled substances in medical practice.

8

(vii)  Coordination of research, scientific

9

investigations, experiments and studies relating to the

10

cause, epidemiology, sociological aspects, toxicology,

11

pharmacology, chemistry, effects on health, dangers to

12

public health, prevention, diagnosis and treatment of

13

drug and alcohol abuse and dependence.

14

(viii)  Investigation of methods for the more precise

15

detection and determination of alcohol and controlled

16

substances in urine and blood samples, and by other

17

means, and publication on a current basis of uniform

18

methodology for such detections and determinations.

19

(ix)  Any information obtained through scientific

20

investigation or research conducted pursuant to this act

21

shall be used in ways so that no name or identifying

22

characteristics of any person shall be divulged without

23

the approval of the department and the consent of the

24

person concerned. Persons engaged in research pursuant to

25

this section shall protect the privacy of individuals who

26

are the subject of such research by withholding from all

27

persons not connected with the conduct of such research

28

the names or other identifying characteristics of such

29

individuals. Persons engaged in the research shall

30

protect the privacy of such individuals and may not be

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1

compelled in any State, civil, criminal, administrative,

2

legislative or other proceeding to identify such

3

individuals.

4

(x)  Establishment of training programs for

5

professional and nonprofessional personnel with respect

6

to drug and alcohol abuse and dependence, including the

7

encouragement of such programs by local governments.

8

(xi)  Development of a model curriculum, including

9

the provision of relevant data and other information, for

10

utilization by elementary and secondary schools for

11

instructing children and for parent-teachers'

12

associations, adult education centers, private citizen

13

groups, or other State and local sources, for instruction

14

of parents and other adults about drug and alcohol abuse

15

and dependence.

16

(xii)  Preparation of a broad variety of educational,

17

prevention and intervention material for use in all

18

media, to reach all segments of the population, that can

19

be utilized by public and private agencies, institutions

20

and organizations in educational programs with respect to

21

drug and alcohol abuse and dependence.

22

(xiii)  Establishment of educational courses,

23

including the provision of relevant data and other

24

information on the causes and effects of and treatment

25

for drug and alcohol abuse and dependence, for law

26

enforcement officials, including prosecuting attorneys,

27

court personnel, the judiciary, probation and parole

28

officers, correctional officers and other law enforcement

29

personnel, welfare, vocational rehabilitation and other

30

State and local officials who come in contact with drug

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1

abuse and dependence problems.

2

(xiv)  Recruitment, training, organization and

3

employment of professional and other persons, including

4

former drug and alcohol abusers and dependent persons, to

5

organize and participate in programs of public education.

6

(xv)  Treatment and rehabilitation services for male

7

and female juveniles and adults who are charged with,

8

convicted of or serving a criminal sentence for any

9

criminal offense under the laws of this Commonwealth.

10

Provision of similar services shall be made for juveniles

11

adjudged to be delinquent, dependent or neglected. These

12

services shall include, but are not limited to, emergency

13

medical services, inpatient services and intermediate

14

care, rehabilitative and outpatient services.

15

(xvi)  Giving priority to developing community-based

16

drug or alcohol abuse treatment services in a cooperative

17

manner among State and local governmental agencies and

18

departments and public and private agencies, institutions

19

and organizations. Consideration shall be given to

20

supportive medical care, services or residential

21

facilities for drug or alcohol dependent persons for whom

22

treatment has repeatedly failed and for whom recovery is

23

unlikely.

24

(xvii)  Establishment of a system of emergency

25

medical services for persons voluntarily seeking

26

treatment, for persons admitted and committed to

27

treatment facilities according to the procedural

28

admission and commitment provisions of the act of July 9,

29

1976 (P.L.817, No.143), known as the Mental Health

30

Procedures Act, and for persons charged with a crime

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1

under Pennsylvania law. Upon the establishment of such

2

emergency medical services, the Department of Drug and

3

Alcohol Programs, by regulation, shall require that

4

appropriate emergency medical services be made available

5

to all drug and alcohol abusers who are arrested for a

6

crime under Pennsylvania law.

7

(xviii)  Providing standards for the approval by the

8

relevant State agency for all private and public

9

treatment and rehabilitative facilities, which may

10

include, but are not limited to, State hospitals and

11

institutions, public and private general hospitals,

12

community mental health centers or their contracting

13

agencies and public and private drug or alcohol

14

dependence and drug and alcohol abuse and dependence

15

treatment and rehabilitation centers.

16

(xix)  Grants and contracts for the prevention,

17

intervention and treatment of drug and alcohol

18

dependence. The grants and contracts may include

19

assistance to local governments and public and private

20

agencies, institutions and organizations for prevention,

21

intervention, treatment, rehabilitation, research,

22

education and training aspects of the drug and alcohol

23

abuse and dependence problems with the Commonwealth. Any

24

grant made or contract entered into by a department or

25

agency shall be pursuant to the functions allocated to

26

that department or agency by the State plan.

27

(xx)  Preparation of general regulations for, and

28

operation of, programs supported with assistance.

29

(xxi)  Establishment of priorities for deciding

30

allocation of the funds.

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1

(xxii)  Review the administration and operation of

2

programs, including the effectiveness of such programs in

3

meeting the purposes for which they are established and

4

operated, and make annual reports of the findings.

5

(xxiii)  Evaluate the programs and projects carried

6

out and disseminate the results of such evaluations.

7

(xxiv)  Establish such advisory committees as deemed

8

necessary to assist the department in fulfilling its

9

responsibilities.

10

(2)  In developing the State plan initially, and prior to

11

its amendment annually, to hold a public hearing at least 30

12

days prior to the adoption of the initial State plan and

13

subsequent amendments and to afford all interested persons an

14

opportunity to present their views either orally or in

15

writing. The Department of Drug and Alcohol Programs, through

16

its staff, shall consult and collaborate with appropriate

17

Federal and State and local departments, boards, agencies and

18

governmental units, and with appropriate public and private

19

agencies, institutions, groups and organizations. Otherwise,

20

the promulgation of the State plan shall conform to the

21

procedure contained in the Commonwealth Documents Law.

22

(3)  In accordance with the State plan, to allocate the

23

responsibility for all services, programs and other efforts

24

provided for among the appropriate departments, agencies and

25

other State personnel. The department, through its employees,

26

shall have the power and its duty shall be to implement

27

compliance with the provisions of the State plan and to

28

coordinate all such efforts.

29

(4)  To gather and publish statistics pertaining to drug

30

and alcohol abuse and dependence and promulgate regulations,

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1

specifying uniform statistics to be obtained, records to be

2

maintained and reports to be submitted by public and private

3

departments, agencies, organizations, practitioners and other

4

persons with respect to drug and alcohol abuse and

5

dependence, and related problems. Such statistics and reports

6

shall not reveal the identity of any patient or drug or

7

alcohol-dependent person or other confidential information.

8

(5)  To establish an information center, which will

9

attempt to gather and contain all available published and

10

unpublished data and information on the problems of drug and

11

alcohol abuse and dependence. All Commonwealth departments

12

and agencies shall send to the Department of Drug and Alcohol

13

Programs any data and information pertinent to the cause,

14

prevention, diagnosis and treatment of drug and alcohol abuse

15

and dependence and the toxicology, pharmacology, effects on

16

the health of drug and alcohol abusers and danger to the

17

public health of alcohol, drugs and controlled substances.

18

The Department of Drug and Alcohol Programs shall make such

19

data and information widely available.

20

(6)  To require all appropriate State and local

21

departments, agencies, institutions and others engaged in

22

implementing the State plan to submit as often as necessary,

23

but no less often than annually, reports detailing the

24

activities and effects of the implementation and recommending

25

appropriate amendments to the State plan. The department may

26

direct a performance audit of any activity engaged in

27

pursuant to the State plan.

28

(7)  To submit an annual report to the General Assembly

29

which shall specify the actions taken and services provided

30

and funds expended and an evaluation of their effectiveness.

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1

The annual report shall also contain the current State plan.

2

The Department of Drug and Alcohol Programs shall submit such

3

additional reports as may be requested by the General

4

Assembly and recommendations to further the prevention,

5

treatment and control of drug and alcohol abuse and

6

dependence.

7

(8)  To make provision for facilities in each city or

8

region or catchment area which shall provide information

9

about the total Commonwealth drug and alcohol abuse and drug

10

and alcohol dependency programs and services.

11

(9)  The department shall have the power to promulgate

12

the rules and regulations necessary to carry out the

13

provisions of this article.

14

Section 10.  All personnel, allocation, appropriations,

15

equipment, files, records, contracts, agreements, obligations

16

and other material which are used, employed or expended in

17

connection with the powers, duties or functions of the

18

Department of Health concerning drug or alcohol abuse are hereby

19

transferred to the Department of Drug and Alcohol Programs

20

established by this act with the same force and effect as if the

21

appropriations had been made to and said items had been the

22

property of the Department of Drug and Alcohol Programs in the

23

first instance, and as if said contracts, agreements and

24

obligations had been incurred or entered into by the Department

25

of Drug and Alcohol Programs. The personnel, appropriations,

26

equipment and other items and material transferred by this

27

section shall include Federal grants and funds and other

28

benefits from any Federal program. All personnel transferred

29

pursuant to this act shall retain any civil service employment

30

status assigned to said personnel.

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1

Section 11.  All positions in the Department of Drug and

2

Alcohol Programs shall be deemed to be "classified service" as

3

defined in section 3(d) of the act of August 5, 1941 (P.L.752,

4

No.286), known as the Civil Service Act, and the provisions and

5

benefits of that act shall be applicable to the employees of,

6

and positions in, the department.

7

Section 12.  All orders, permits, regulations, decisions and

8

other actions of the Department of Health or any department,

9

board, commission or agency whose functions have been

10

transferred by this act to the Department of Drug and Alcohol

11

Programs shall remain in full force and effect until modified,

12

repealed, superseded in or otherwise changed by appropriate

13

action of the Department of Drug and Alcohol Programs.

14

Section 13.  The Pennsylvania Advisory Council on Drug and

15

Alcohol Abuse established in section 3 of the act of April 14,

16

1972 (P.L.221, No.63), known as the Pennsylvania Drug and

17

Alcohol Abuse Control Act, shall be recognized as the advisory

18

council to the Department of Drug and Alcohol Programs.

19

Section 14.  (a)  The General Assembly finds that the repeal

20

in subsection (b) is necessary to effectuate this act.

21

(b)  Section 4 of the act of April 14, 1972 (P.L.221, No.63),

22

known as the Pennsylvania Drug and Alcohol Abuse Control Act, is

23

repealed.

24

(c)  All other acts and parts of acts are repealed insofar as

25

they are inconsistent with this act.

26

Section 15.  This act shall take effect in 60 days.

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