AN ACT

 

1Amending the act of April 9, 1929 (P.L.177, No.175), entitled
2"An act providing for and reorganizing the conduct of the
3executive and administrative work of the Commonwealth by the
4Executive Department thereof and the administrative
5departments, boards, commissions, and officers thereof,
6including the boards of trustees of State Normal Schools, or
7Teachers Colleges; abolishing, creating, reorganizing or
8authorizing the reorganization of certain administrative
9departments, boards, and commissions; defining the powers and
10duties of the Governor and other executive and administrative
11officers, and of the several administrative departments,
12boards, commissions, and officers; fixing the salaries of the
13Governor, Lieutenant Governor, and certain other executive
14and administrative officers; providing for the appointment of
15certain administrative officers, and of all deputies and
16other assistants and employes in certain departments, boards,
17and commissions; and prescribing the manner in which the
18number and compensation of the deputies and all other
19assistants and employes of certain departments, boards and
20commissions shall be determined," further providing for
21powers and duties of the Department of Drug and Alcohol
22Programs.

23The General Assembly of the Commonwealth of Pennsylvania
24hereby enacts as follows:

<-25Section 1. Section 2301-A(9) of the act of April 9, 1929
26(P.L.177, No.175), known as The Administrative Code of 1929,

1added June 9, 2010 (P.L.348, No.50), is amended and the section
2is amended by adding a paragraph to read:

3Section 2301-A. Powers and duties.

4The Department of Drug and Alcohol Programs shall have the
5power and its duty shall be:

6* * *

7(9) [The department shall have the power to] To
8promulgate the rules and regulations necessary to carry out
9the provisions of this article.

10(10) To promulgate regulations regarding housing
11programs that offer assistance to people with drug or alcohol
12abuse problems, sometimes referred to as recovery houses. The
13regulations shall include, but not be limited to, a
14definition of "recovery house," rights of inspection,
15assignment of rights of inspection and penalties when
16violations of a departmental regulation occur. In order to
17receive any Federal or State funding, a recovery house must
18comply with regulations promulgated by the Department of Drug
19and Alcohol Programs.

20Section 2. The regulations promulgated initially under
21section 2301-A of the act of April 9, 1929 (P.L.177, No.175),
22known as The Administrative Code of 1929, shall be developed
23with the assistance and recommendations of a task force
24consisting of the chairperson and minority chairperson of the
25Public Health and Welfare Committee of the Senate, the
26chairperson and minority chairperson of the Human Services
27Committee of the House of Representatives, the prime sponsor of
28paragraph (10) of section 2301-A of the act and a representative
29of the Drug and Alcohol Services Providers of Pennsylvania.

30Section 3. This act shall take effect in 30 days.

<-1Section 1. The act of April 9, 1929 (P.L.177, No.175), known 
2as The Administrative Code of 1929, is amended by adding 
3sections to read:

4Section 2302-A. Definitions.

5The following words and phrases when used in this article
6shall have the meanings given to them in this section unless the
7context clearly indicates otherwise:

8"Department." The Department of Drug and Alcohol Programs of
9the Commonwealth.

10"Drug and alcohol recovery house." A safe and supportive,
11alcohol and drug-free environment where residents in recovery
12from alcohol or other drug addiction live together as a
13community.

14Section 2303-A. Development of criteria.

15The department shall develop criteria for certification of
16drug and alcohol recovery houses that receive funds from the
17department to ensure that the houses provide a safe environment
18for residents and for the surrounding community.

19Section 2304-A. Funding.

20A drug and alcohol or other recovery house shall not receive
21funding from the department without certification.

22Section 2305-A. Certification requirements.

23Certification requirements shall include, but not be limited
24to, the following:

25(1) Procedures requiring compliance with all State and
26local ordinances.

27(2) Procedures addressing the safety and protection of
28residents and the community.

29(3) Policies which promote recovery by requiring
30resident participation in treatment, self-help groups or

1other recovery supports.

2(4) Procedures to ensure that upon admission residents
3are informed of all house rules, residency requirements and
4any lease agreements.

5(5) Policies requiring abstinence from alcohol and other
6drugs.

7(6) Procedures, including referral agreements, to handle
8relapse.

9(7) Procedures regarding appropriate use and security of
10medication.

11Section 2306-A. Task force.

12The department shall convene a task force to make
13recommendations to the department regarding criteria for
14certification of drug and alcohol recovery houses.

15Section 2. This act shall take effect in 90 days.