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PRIOR PRINTER'S NO. 245
PRINTER'S NO. 1666
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
119
Session of
2017
INTRODUCED BY KAUFER, DAVIS, READSHAW, FEE, DRISCOLL, TAYLOR,
MURT, MILLARD, RADER, B. MILLER, KAVULICH, MULLERY, NELSON,
BAKER, McNEILL, WATSON, BOBACK, D. MILLER, SIMMONS, SAYLOR,
CUTLER, COOK, ROZZI, GALLOWAY AND BARBIN, FEBRUARY 1, 2017
AS REPORTED FROM COMMITTEE ON HUMAN SERVICES, HOUSE OF
REPRESENTATIVES, AS AMENDED, MAY 8, 2017
AN ACT
Amending the act of April 9, 1929 (P.L.177, No.175), entitled,
as amended, "An act providing for and reorganizing the
conduct of the executive and administrative work of the
Commonwealth by the Executive Department thereof and the
administrative departments, boards, commissions, and officers
thereof, including the boards of trustees of State Normal
Schools, or Teachers Colleges; abolishing, creating,
reorganizing or authorizing the reorganization of certain
administrative departments, boards, and commissions; defining
the powers and duties of the Governor and other executive and
administrative officers, and of the several administrative
departments, boards, commissions, and officers; fixing the
salaries of the Governor, Lieutenant Governor, and certain
other executive and administrative officers; providing for
the appointment of certain administrative officers, and of
all deputies and other assistants and employes in certain
departments, boards, and commissions; providing for the
regulation of pari-mutuel thoroughbred horse racing and
harness horse racing activities, imposing certain taxes and
providing for the disposition of funds from pari-mutuel
tickets; and prescribing the manner in which the number and
compensation of the deputies and all other assistants and
employes of certain departments, boards and commissions shall
be determined," providing for certified drug and alcohol
recovery houses and establishing the Certified Drug and
Alcohol Recovery House Fund.
THE GENERAL ASSEMBLY FINDS AND DECLARES AS FOLLOWS:
(1) INDIVIDUALS WITH ALCOHOL AND DRUG ADDICTIONS MAY BE
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IN NEED OF A SUPPORTIVE, SOBER HOUSING ARRANGEMENT AFTER
COMPLETING INPATIENT TREATMENT FOR ADDICTION.
(2) STABLE HOUSING HAS BEEN RECOGNIZED AS A VERIFIABLE
NEED FOR INDIVIDUALS IN RECOVERY, ESPECIALLY EARLY RECOVERY,
BUT IS OFTEN DIFFICULT TO OBTAIN.
(3) THE GOAL IS TO FIND A PLACE THAT IS SAFE,
APPROPRIATELY MAINTAINED AND BENEFICIAL TO THE INDIVIDUAL'S
RECOVERY PROCESS.
(4) SOBER LIVING RECOVERY HOUSES CAN BE EXTREMELY
HELPFUL IN STABILIZING EARLY RECOVERY AS AN INDIVIDUAL WHO
HAS AN ADDICTION CONTINUES TREATMENT AND BEGINS TO SEARCH FOR
EMPLOYMENT.
(5) THE CONGRESS OF THE UNITED STATES ADDED PROTECTIONS
FOR INDIVIDUALS WITH DISABILITIES TO THE FAIR HOUSING ACT
(PUBLIC LAW 90-284, 42 U.S.C. ยง 3601 ET SEQ.).
(6) THESE FEDERAL STATUTES PROHIBIT A BROAD RANGE OF
PRACTICES THAT DISCRIMINATE AGAINST INDIVIDUALS ON THE BASIS
OF RACE, COLOR, RELIGION, SEX, NATIONAL ORIGIN, FAMILIAL
STATUS, HANDICAP OR DISABILITY OR HAVING A SUBSTANCE ABUSE
DISORDER.
(7) THE FAIR HOUSING ACT DOES NOT PREEMPT LOCAL ZONING
LAWS BUT IS INTENDED TO PROHIBIT THE USE OF LOCAL LAWS AND
ORDINANCES TO MAKE HOUSING UNAVAILABLE TO INDIVIDUALS WITH A
DISABILITY SOLELY ON THE BASIS OF THEIR DISABILITY.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The act of April 9, 1929 (P.L.177, No.175), known
as The Administrative Code of 1929, is amended by adding an
article to read:
ARTICLE XXIII-C
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CERTIFIED DRUG AND ALCOHOL
RECOVERY HOUSE
Section 2301-C. Definitions.
The following words and phrases when used in this article
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Department." The Department of Drug and Alcohol Programs of
the Commonwealth.
"Certified drug and alcohol recovery house." A group housing
arrangement that meets all of the following:
(1) Provides a transitional living situation that may be
utilized between residential treatment and independent living
in the community.
(2) Provides safe recovery environments recognizing
multiple pathways to recovery for individuals who are not
ready to live on their own but who are motivated in recovery
and can thrive in an environment providing limited structure.
(3) Requires residents to pay to live and cohabitate in
a family-like setting sharing common living areas and
supporting each other in the recovery process.
"DEPARTMENT." THE DEPARTMENT OF DRUG AND ALCOHOL PROGRAMS OF
THE COMMONWEALTH.
"House administrator." The individual responsible for the
overall management of a certified drug and alcohol recovery
house, including the supervision of each resident and staff
employed by or volunteering for the certified drug and alcohol
recovery house.
Section 2302-C. Duties of department.
(a) Certification.--The department shall establish standards
for the purpose of developing and administering certification of
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a drug and alcohol recovery house that receives funds from a
Federal or State agency.
(b) Process.--The department shall establish a process to:
(1) Administer the application, certification,
recertification and disciplinary processes.
(2) Monitor and inspect a certified drug and alcohol
recovery house and the staff of a certified drug and alcohol
recovery house to ensure compliance with certification
requirements. The department may authorize single county
authorities to perform the actions under this paragraph.
(3) Establish application, inspection and annual
certification renewal fees.
(c) Documentation.--The department shall require a drug and
alcohol recovery house to submit the following documents with
the completed application and fee:
(1) A policy and procedures manual containing:
(i) Job descriptions for each staff position.
(ii) Drug testing procedures and requirements.
(iii) A prohibition on the premises against alcohol,
illegal drugs and the use of prescribed medications by an
individual other than the individual for whom the
medication is prescribed.
(iv) Policies to support a resident's recovery
efforts.
(v) A good neighbor policy to address neighborhood
concerns.
(vi) The maintenance of the property, including
safety exits, the installation of smoke detectors and
fire extinguishers.
(2) Rules for residents.
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(3) Copies of each form provided to residents.
(4) Intake procedures.
(5) Relapse policy.
(6) Fee schedule.
(7) Refund policy.
(8) Eviction procedures and policy.
(9) Code of ethics.
(10) Proof of insurance requirements.
(11) Criminal history record check requirements.
(12) Requirements for proof of satisfactory fire, safety
and health inspections.
(d) Inspection.--The department or a single county authority
may conduct an onsite inspection of a drug and alcohol recovery
house before issuing a certificate of compliance. Onsite follow-
up monitoring of a certified drug and alcohol recovery house may
be conducted to determine continuing compliance with
certification requirements.
(e) Criminal history record checks.--
(1) The department shall require all applicants,
employees and volunteers of a drug and alcohol recovery house
to undergo criminal history record checks.
(2) The department shall deny the application of an
applicant who has been convicted of a criminal offense that
occurred within the past three years relating to the sale or
possession of drugs, narcotics or controlled substances.
(E) CRIMINAL HISTORY RECORD CHECKS.--THE DEPARTMENT SHALL
REQUIRE ALL APPLICANTS, EMPLOYEES AND VOLUNTEERS OF A DRUG AND
ALCOHOL RECOVERY HOUSE TO UNDERGO CRIMINAL HISTORY RECORD
CHECKS.
(f) Certificate of compliance.--The department shall issue a
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certificate of compliance upon approval of the application and
inspection. The certification shall automatically terminate if
not renewed within one year after the date of issuance.
(g) Denial, suspension or revocation.--The department shall
deny a drug and alcohol recovery house's application for
certification and may suspend or revoke a certification if the
drug and alcohol recovery house:
(1) Is not in compliance with this article.
(2) Has failed to remedy a deficiency identified by the
department within the time period specified.
(3) Provided false, misleading or incomplete
information.
(4) Has delinquent State taxes.
(5) Has an employee or volunteer KNOWINGLY HAS A HOUSE
ADMINISTRATOR who has been convicted of a criminal offense
that occurred within the past three years relating to the
sale or possession of drugs, narcotics or controlled
substances or who are subject to the disqualifying offenses
under section 2304-C(b).
Section 2303-C. Advertisement.
No person may advertise to the public a drug and alcohol
recovery house as a certified drug and alcohol recovery house
unless the drug and alcohol recovery house has secured a
certificate of compliance under this article.
Section 2304-C. Criminal history record checks.
(a) Requirement.--
(1) An applicant for certification and employee or
volunteer of a drug and alcohol recovery house must undergo a
criminal history record check.
(2) An applicant who applies to the department for a
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certificate shall include a criminal history record for every
employee or volunteer at the drug and alcohol recovery house.
(b) Disqualification.--
(1) No drug and alcohol recovery house administrator may
hire an applicant A HOUSE ADMINISTRATOR if the individual's
criminal history record indicates that the applicant has been
convicted of one or more of the following offenses under
Title 18 (relating to crimes and offenses) or an equivalent
crime under Federal law or the law of another state:
(i) Chapter 25 (relating to criminal homicide).
(ii) Section 2702 (relating to aggravated assault).
(iii) Section 2709.1 (relating to stalking).
(iv) Section 2901 (relating to kidnapping).
(v) Section 2902 (relating to unlawful restraint).
(vi) Section 3121 (relating to rape).
(vii) Section 3122.1 (relating to statutory sexual
assault).
(viii) Section 3123 (relating to involuntary deviate
sexual intercourse).
(ix) Section 3124.1 (relating to sexual assault).
(x) Section 3125 (relating to aggravated indecent
assault).
(xi) Section 3126 (relating to indecent assault).
(xii) Section 3127 (relating to indecent exposure).
(xiii) Section 4302 (relating to incest).
(xiv) Section 4303 (relating to concealing death of
child).
(xv) Section 4304 (relating to endangering welfare
of children).
(xvi) Section 4305 (relating to dealing in infant
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children).
(xvii) A felony offense under section 5902(b)
(relating to prostitution and related offenses).
(xviii) Section 5903(c) or (d) (relating to obscene
and other sexual materials and performances).
(xix) Section 6301 (relating to corruption of
minors).
(xx) Section 6312 (relating to sexual abuse of
children).
(2) The attempt, solicitation or conspiracy to commit
any of the offenses under paragraph (1).
(c) The Controlled Substance, Drug, Device and Cosmetic
Act.--The department may not issue a certificate nor shall a
volunteer or employee be hired if the criminal history record
indicates there has been a conviction of a felony offense under
the act of April 14, 1972 (P.L.233, No.64), known as The
Controlled Substance, Drug, Device and Cosmetic Act, committed
within the three-year period immediately preceding verification
under this section.
(d) Effect on certification.--The department may not issue
or renew a certificate and shall revoke a certificate if the
applicant for certification, employee or volunteer of a
certified drug and alcohol recovery house has been convicted of
an offense enumerated under subsection (b).
Section 2305-C. House administrator.
(a) Competency.--A certified drug and alcohol recovery house
shall employ a house administrator who has the competency
necessary to respond ON A TIMELY BASIS to the needs of residents
and maintain property standards.
(b) Establishment.--The department shall establish the
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following in regard to a house administrator:
(1) Standards and criteria for the purpose of developing
and administering certification.
(2) Core competencies, certification requirements,
testing instruments and recertification requirements.
(3) A process to administer the certification,
application, award and maintenance processes.
(4) Minimum requirements of training, work experience,
supervision and a disciplinary process of certified persons.
(5) Application, certification and annual certification
renewal fees ADEQUATE TO CARRY OUT THE PROVISIONS OF THIS
ARTICLE .
(c) Criminal history record checks.--A certified house
administrator must pass a criminal history record check as
provided under section 2304-C.
(d) Termination.--Certification shall automatically
terminate if not renewed within one year after the date of
issuance.
(e) Ineligibility.--An individual whose criminal history
record indicates that the individual has been convicted of one
or more of the disqualifying offenses under section 2304-C(b)(1)
shall be ineligible to become a house administrator.
(f) Advertisement.--
(1) No individual may advertise himself or herself to
the public as a certified house administrator unless the
individual has secured a certificate of compliance under this
section.
(2) An individual who violates this subsection commits a
misdemeanor of the second degree.
Section 2306-C. Standards.
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(a) Contents.--The standards developed by the department
under this article shall address the following areas and shall
include, but not be limited to:
(1) Policies and procedures to ensure that, upon
admission, residents are informed of all certified drug and
alcohol recovery house rules, residency requirements and
lease agreements.
(2) Policies and procedures for the establishment and
maintenance of an accounting system that fully documents each
financial transaction, including each financial transaction
of each resident.
(3) Policies and procedures addressing the safety and
protection of each resident and the community.
(4) Policies that promote recovery by requiring resident
participation in treatment, self-help groups or other
recovery supports.
(5) Policies requiring abstinence from alcohol and other
drugs.
(6) Procedures regarding appropriate use and security of
medication.
(7) The maintenance of the property and the grounds in
which the certified drug and alcohol recovery house is
located, including, but not limited to, safety exits and the
installation of functioning smoke detectors and fire
extinguishers.
(8) General safety and emergency procedures, including
provisions for fire drills and the evacuation and transfer of
residents and staff to a safe location, assignment of staff
during emergencies and notification to the department during
an emergency.
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(9) Procedures, including referral agreements, to handle
relapse.
(B) (RESERVED).
Section 2307-C. Code of ethics.
(A) ESTABLISHMENT.-- The department shall establish a code of
ethics for certified alcohol and drug recovery houses to satisfy
as a condition of employment. The code of ethics shall address,
but not be limited to, the following:
(1) The confidentiality of client-identifying
information.
(2) Knowledge of how to access treatment resources in
the community, including knowledge of the single county
authority and the authority's assessment and referral
protocol.
(3) Maintaining an alcohol-free and illicit drug-free
environment.
(4) Prohibiting ethical conflicts, including the
payment, solicitation or receipt of a commission, bonus or
rebate or engagement in a split-fee arrangement.
(4) THE PROCESS FOR A RESIDENT TO REPORT AN ETHICAL OR
STANDARDS VIOLATION.
(5) PROHIBITING RETRIBUTION, INTIMIDATION OR ANY
NEGATIVE CONSEQUENCES TO A RESIDENT IF A GRIEVANCE OR
COMPLAINT HAS BEEN FILED.
(6) PROHIBITING AN OWNER OR HOUSE ADMINISTRATOR FROM
DIRECTLY OR INDIRECTLY SOLICITING OR ACCEPTING A COMMISSION,
FEE OR ANYTHING OF MONETARY OR MATERIAL VALUE FROM A
RESIDENT, OTHER RELATED INDIVIDUAL, THIRD-PARTY ENTITY OR
REFERRAL SOURCE BEYOND SPECIFIED RENT ESTABLISHED IN WRITING
AT THE TIME OF RESIDENCY.
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(7) THAT NO OWNER, HOUSE ADMINISTRATOR OR EMPLOYEE MAY
BECOME PERSONALLY INVOLVED WITH A RESIDENT'S FINANCIAL
AFFAIRS, INCLUDING BORROWING OR LENDING MONEY, BUYING OR
SELLING PROPERTY OR ANY OTHER FINANCIAL TRANSACTIONS.
(8) THAT NO OWNER, HOUSE ADMINISTRATOR OR EMPLOYEE MAY
OFFER, PAY, SOLICIT OR RECEIVE A COMMISSION, BONUS OR REBATE,
DIRECTLY OR INDIRECTLY, IN CASH OR IN-KIND, OR ENGAGE IN A
SPLIT-FEE ARRANGEMENT, IN ANY FORM, FOR ANY OF THE FOLLOWING:
(I) TO INDUCE THE REFERRAL OF PATIENTS OR PATRONAGE
TO OR FROM A HEALTH CARE PROVIDER OR HEALTH CARE FACILITY
OR OTHER THIRD-PARTY ENTITY; OR
(II) IN RETURN FOR THE ACCEPTANCE OR ACKNOWLEDGMENT
OF SERVICES FROM A HEALTH CARE PROVIDER, HEALTH CARE
FACILITY OR THIRD-PARTY ENTITY.
(B) POSTING.--THE CODE OF ETHICS SHALL BE POSTED ON THE
DEPARTMENT'S PUBLICLY ACCESSIBLE INTERNET WEBSITE.
Section 2308-C. Registry.
(a) Duty to establish.--The department shall establish and
maintain a registry of all certified drug and alcohol recovery
houses in this Commonwealth.
(b) Referrals.--Providers of drug and alcohol treatment
programs and public agencies that provide drug and alcohol
treatment services may only refer clients to a certified drug
and alcohol recovery house.
Section 2309-C. Compliance with other laws.
In order to receive and maintain certification, each drug and
alcohol recovery house shall comply with Federal, State and
local laws. Failure to comply or remain in compliance shall
result in loss of certification and removal from the registry.
Section 2310-C 2309-C . Funding.
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No drug and alcohol recovery house may receive funding from
the department or a State agency without certification.
Section 2311-C 2310-C . Violations.
If the department determines a drug and alcohol recovery
house is not in compliance with this article, the department may
impose an administrative penalty of up to $1,000 per day against
the drug and alcohol recovery house.
Section 2312-C 2311-C . Certified Drug and Alcohol Recovery
House Fund Account.
The Certified Drug and Alcohol Recovery House Fund Account is
established as a restricted account in the State Treasury. Each
fine and fee collected under this article shall be deposited
into the account. Funds in the account shall be utilized for the
enforcement of this article.
Section 2313-C 2312-C . Regulations.
The department shall promulgate regulations to administer
this article.
Section 2. This act shall take effect in 60 days.
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