THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY EICHELBERGER, GREENLEAF, ALLOWAY, RAFFERTY, MUSTO, STACK AND WARD, MAY 20, 2010

REFERRED TO PUBLIC HEALTH AND WELFARE, MAY 20, 2010  

AN ACT

Amending the act of April 14, 1972 (P.L.221, No.63), entitled,

as amended, "An act establishing the Pennsylvania Advisory

Council on Drug and Alcohol Abuse; imposing duties on the

Department of Health to develop and coordinate the

implementation of a comprehensive health, education and

rehabilitation program for the prevention and treatment of

drug and alcohol abuse and drug and alcohol dependence;

providing for emergency medical treatment; providing for

treatment and rehabilitation alternatives to the criminal

process for drug and alcohol dependence; and making repeals,"

providing for specific powers and duties with regard to

opioid addiction treatment.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 2 of act of April 14, 1972 (P.L.221,

No.63), known as the Pennsylvania Drug and Alcohol Abuse Control

Act, amended December 20, 1985 (P.L.529, No.119), is amended and

the section is amended by adding definitions to read:

Section 2.  Definitions:

(a)  The definitions contained and used in the Controlled

Substance, Drug, Device and Cosmetic Act shall also apply for

the purposes of this act.

(b)  As used in this act:

"Bureau" means the Bureau of Drug and Alcohol Programs in the

Department of Health or any successor entity which becomes

responsible for narcotic and opioid treatment programs.

* * *

"Council" means the Pennsylvania Advisory Council on Drug and

Alcohol Abuse established by this act and transferred to the

Department of Health by Reorganization Plan No. 4 on April 21,

1981.

* * *

"Division" means the Division of Drug and Alcohol Program

Licensure within the Department of Health or any successor

entity which becomes responsible for licensing drug or alcohol

programs.

* * *

"Methadone" means a synthetic opioid agonist which binds with

opioid receptors in the brain to initiate drug actions that

mimic the effects of opiates.

* * *

"Narcotic treatment program" means a program for chronic drug

users that either administers or dispenses agents under a

narcotic treatment physician's order for detoxification or

maintenance purposes, or provides a comprehensive range of

medical and rehabilitative services to alleviate adverse

medical, psychological or physical effects incident to an

addiction to narcotics or both.

"Opioid addiction treatment" means a narcotic treatment

program that involves the dispensing of an opioid agonist or

antagonist treatment medication, along with appropriate or

necessary medical and rehabilitative services to an individual

to alleviate the adverse medical, psychological or physical

effects incident to opiate addiction. This term encompasses

detoxification treatment, short-term detoxification treatment,

long-term detoxification treatment, maintenance treatment,

comprehensive maintenance treatment and interim maintenance

treatment.

* * *

Section 2.  The act is amended by adding a section to read:

Section 4.1.  Specific Powers and Duties with regard to

Opioid Addiction Treatment.--The department in conjunction with

the bureau and council shall develop and adopt uniform State

standards for providers of opioid addiction treatment. At a

minimum, the standards shall:

(1)  Require all clinics providing opioid addiction treatment

to be open seven days per week, three hundred sixty-five days

per year to limit take-home dosages.

(2)  Require that an antidote used to counter the effects of

opioid overdose, such as Narcan, be given to all patients

starting methadone treatment.

(3)  Require all clinics providing opioid addiction treatment

regularly test their patients for Benzodiazepines.

(4)  Require a patient who is using Benzodiazepines to obtain

a signed waiver from a psychiatrist before providing methadone.

(5)  Prohibit permissions to new patients to take methadone

home for the first six months of treatment.

(6)  Require a peak and trough test for dosages of methadone

that exceed one hundred fifty milligrams, and a peak and trough

test and EKG for dosages exceeding two hundred milligrams.

(7)  Require reporting to law enforcement in all methadone-

related deaths.

(8)  Develop protocols for providers to determine when

methadone is no longer an effective treatment for an individual

enrolled in a methadone program.

Section 3.  This act shall take effect immediately.