See other bills
under the
same topic
PRIOR PRINTER'S NOS. 245, 1666
PRINTER'S NO. 1927
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, BARBIN, KNOWLES, CRUZ AND
FARRY, FEBRUARY 1, 2017
AS AMENDED ON SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES,
JUNE 6, 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 ACCOUNT.
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:
"CERTIFICATE OF COMPLIANCE" OR "CERTIFICATION." INCLUDES A
LICENSE TO OPERATE A DRUG AND ALCOHOL RECOVERY HOUSE.
"CERTIFIED." HAVING A VALID CERTIFICATE OF COMPLIANCE FROM
THE DEPARTMENT OR LICENSED BY THE DEPARTMENT FOR THE OPERATION
OF A DRUG AND ALCOHOL RECOVERY HOUSE.
"DEPARTMENT." THE DEPARTMENT OF DRUG AND ALCOHOL PROGRAMS OF
THE COMMONWEALTH.
" Certified drug 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.
(4) PROVIDES A PEER -SUPPORTED, ALCOHOL-FREE AND DRUG-
FREE LIVING ENVIRONMENT WHICH MAY ALSO BE DESCRIBED AS A
SOBER HOUSE OR A HOUSE WHERE THERE ARE RESIDENTS IN RECOVERY
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FROM ALCOHOL OR OTHER DRUG ADDICTION.
"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
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
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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.
(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 MEETING insurance requirements.
(11) Criminal history record check requirements.
(12) Requirements for proof of satisfactory fire, safety
and health inspections.
(13) INFORMATION REGARDING OWNERSHIP.
(d) Inspection.--The department or a single county authority
may SHALL 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 AND MAY BE INITIATED
AS A RESULT OF A COMPLAINT TO THE DEPARTMENT FOR NONCOMPLIANCE .
(e) Criminal history record checks.--The department shall
require all OWNERS, DIRECTORS, CHIEF FINANCIAL OFFICERS,
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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
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
(G) DENIAL, SUSPENSION OR REVOCATION.--
(1) 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) 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).
(I) IS NOT IN COMPLIANCE WITH THIS ARTICLE;
(II) HAS FAILED TO REMEDY A DEFICIENCY IDENTIFIED BY
THE DEPARTMENT WITHIN THE TIME PERIOD SPECIFIED;
(III) PROVIDED FALSE, MISLEADING OR INCOMPLETE
INFORMATION;
(IV) HAS DELINQUENT STATE TAXES; OR
(V) KNOWINGLY HAS A HOUSE ADMINISTRATOR, AN OWNER, A
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DIRECTOR OR A CHIEF FINANCIAL OFFICER WHO IS SUBJECT TO
THE DISQUALIFYING OFFENSES UNDER SECTION 2304-C(B) OR WHO
HAS BEEN CONVICTED OF ONE OF THE FOLLOWING CRIMINAL
OFFENSES WITHIN THE PAST TWO YEARS:
(A) AN OFFENSE DESIGNATED AS A FELONY UNDER 18
PA.C.S. (RELATING TO CRIMES AND OFFENSES).
(B) AN OFFENSE DESIGNATED AS A FELONY UNDER THE
ACT OF APRIL 14, 1972 (P.L.233, NO.64), KNOWN AS THE
CONTROLLED SUBSTANCE, DRUG, DEVICE AND COSMETIC ACT.
(C) ANY ATTEMPT, SOLICITATION OR CONSPIRACY TO
COMMIT AN OFFENSE UNDER CLAUSE (A) OR (B).
(2) A CERTIFIED DRUG AND ALCOHOL RECOVERY HOUSE SHALL
REMOVE A HOUSE ADMINISTRATOR, AN OWNER, A DIRECTOR OR A CHIEF
FINANCIAL OFFICER IF THE CERTIFIED DRUG AND ALCOHOL RECOVERY
HOUSE KNOWS THAT THE INDIVIDUAL HAS BEEN CONVICTED OF ANY OF
THE OFFENSES UNDER PARAGRAPH (1)(V) WITHIN THE PAST TWO YEARS
AND SHALL NOTIFY THE DEPARTMENT OF THE REMOVAL. THE
DEPARTMENT SHALL REVIEW ANY DENIAL, SUSPENSION OR REVOCATION
UNDER THIS SUBSECTION IN LIGHT OF THE REMOVAL.
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 AN OWNER, A
DIRECTOR, A CHIEF FINANCIAL OFFICER, AN employee or A
volunteer of a drug and alcohol recovery house must undergo a
criminal history record check.
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(2) An applicant who applies to the department for a
certificate shall include a criminal history record for every
OWNER, DIRECTOR, CHIEF FINANCIAL OFFICER, employee or
volunteer at the drug and alcohol recovery house.
(b) Disqualification.--
(1) No CERTIFIED drug and alcohol recovery house
administrator may hire a house administrator , DIRECTOR OR
CHIEF FINANCIAL OFFICER if the individual's criminal history
record indicates that the applicant INDIVIDUAL has been
convicted of one or more of the following offenses WITHIN THE
PAST TWO YEARS:
(I) AN OFFENSE DESIGNATED AS A FELONY UNDER 18
PA.C.S. (RELATING TO CRIMES AND OFFENSES).
(II) AN OFFENSE DESIGNATED AS A FELONY UNDER THE ACT
OF APRIL 14, 1972 (P.L.233, NO.64), KNOWN AS THE
CONTROLLED SUBSTANCE, DRUG, DEVICE AND COSMETIC ACT.
(III) ANY ATTEMPT, SOLICITATION OR CONSPIRACY TO
COMMIT AN OFFENSE UNDER SUBPARAGRAPH (I) OR (II).
(2) NO CERTIFIED DRUG AND ALCOHOL RECOVERY HOUSE MAY BE
OWNED BY AN INDIVIDUAL OR HIRE A HOUSE ADMINISTRATOR,
DIRECTOR OR CHIEF FINANCIAL OFFICER IF THE INDIVIDUAL'S
CRIMINAL HISTORY RECORD INDICATES THAT THE INDIVIDUAL HAS
BEEN CONVICTED OF ONE OR MORE OF THE FOLLOWING OFFENSES under
Title 18 (relating to crimes and offenses) 18 PA.C.S. 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).
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(v) Section 2902 (relating to unlawful restraint).
(VI) SECTION 3001 (RELATING TO TRAFFICKING IN
INDIVIDUALS).
(VII) SECTION 3012 (RELATING TO INVOLUNTARY
SERVITUDE).
(vi) (VIII) Section 3121 (relating to rape).
(vii) (IX) Section 3122.1 (relating to statutory
sexual assault).
(viii) (X) Section 3123 (relating to involuntary
deviate sexual intercourse).
(ix) (XI) Section 3124.1 (relating to sexual
assault).
(x) (XII) Section 3125 (relating to aggravated
indecent assault).
(xi) (XIII) Section 3126 (relating to indecent
assault).
(xii) Section 3127 (relating to indecent exposure).
(XIV) SECTION 3301 (RELATING TO ARSON AND RELATED
OFFENSES).
(XV) SECTION 3701 (RELATING TO ROBBERY).
(XVI) A FELONY OFFENSE UNDER CHAPTER 41 (RELATING TO
FORGERY AND FRAUDULENT PRACTICES), WITH THE EXCEPTION OF
AN OFFENSE UNDER ANY OF THE FOLLOWING:
(A) SECTION 4101 (RELATING TO FORGERY).
(B) SECTION 4106 (RELATING TO ACCESS DEVICE
FRAUD).
(XVII) SECTION 4114 (RELATING TO SECURING EXECUTION
OF DOCUMENTS BY DECEPTION).
(xiii) (XVIII) Section 4302 (relating to incest).
(xiv) (XIX) Section 4303 (relating to concealing
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death of child).
(xv) (XX) Section 4304 (relating to endangering
welfare of children).
(xvi) (XXI) Section 4305 (relating to dealing in
infant children).
(XXII) SECTION 4952 (RELATING TO INTIMIDATION OF
WITNESSES OR VICTIMS).
(XXIII) SECTION 4953 (RELATING TO RETALIATION
AGAINST WITNESS, VICTIM OR PARTY).
(xvii) (XXIV) A felony offense under section 5902(b)
(relating to prostitution and related offenses).
(xviii) (XXV) Section 5903(c) or (d) (relating to
obscene and other sexual materials and performances).
(xix) (XXVI) Section 6301 (relating to corruption of
minors).
(xx) (XXVII) Section 6312 (relating to sexual abuse
of children).
(2) The attempt, solicitation or conspiracy to commit
any of the offenses under paragraph (1).
(XXVIII) THE ATTEMPT, SOLICITATION OR CONSPIRACY TO
COMMIT ANY OF THE OFFENSES UNDER THIS PARAGRAPH.
(C) COSTS.--THE COSTS ASSOCIATED WITH A CRIMINAL HISTORY
RECORD CHECK UNDER THIS SECTION SHALL BE THE RESPONSIBILITY OF
THE INDIVIDUAL WHO IS THE SUBJECT OF THE CRIMINAL HISTORY RECORD
CHECK.
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.
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(b) Establishment.--The department shall establish the
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.
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(G) MANAGEMENT.--A HOUSE ADMINISTRATOR MAY NOT ACTIVELY
MANAGE MORE THAN THREE DRUG AND ALCOHOL RECOVERY HOUSES AT THE
SAME TIME.
Section 2306-C. Standards.
(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
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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.
(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) 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
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at the time of residency.
(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
REQUIRE A RESIDENT TO SIGN OVER ANY PUBLIC ASSISTANCE
BENEFITS, INCLUDING, BUT NOT LIMITED TO, MEDICAL ASSISTANCE,
CASH ASSISTANCE AND FOOD STAMPS.
(8) (9) 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.
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(B) POSTING.--THE REGISTRY SHALL BE POSTED ON THE
DEPARTMENT'S PUBLICLY ACCESSIBLE INTERNET WEBSITE.
Section 2309-C . Funding.
No drug and alcohol recovery house may receive funding from
the department or a State agency without certification.
Section 2310-C . Violations.
(A) ADMINISTRATIVE PENALTY.-- If the department determines a
CERTIFIED 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.
(B) REFERRAL.--IF THE DEPARTMENT DETERMINES A DRUG AND
ALCOHOL RECOVERY HOUSE IS NOT IN COMPLIANCE WITH THIS ARTICLE
DUE TO AN ALLEGED VIOLATION OF ANY FEDERAL, STATE OR LOCAL LAW,
THE DEPARTMENT SHALL REFER THE MATTER TO THE APPROPRIATE AGENCY
FOR INVESTIGATION.
Section 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 2312-C. COMPLIANCE WITH OTHER LAWS.
NOTHING IN THIS ACT SHALL PREVENT OR OTHERWISE RESTRICT A
DRUG AND ALCOHOL RECOVERY HOUSE FROM COMPLYING WITH THE
AMERICANS WITH DISABILITIES ACT OF 1990 (PUBLIC LAW 101-336, 104
STAT. 327) OR OTHER APPLICABLE FEDERAL, STATE OR LOCAL LAW.
Section 2312-C 2313-C . Regulations.
The department shall promulgate regulations to administer
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this article . AND SHALL CONSIDER DEVELOPING WAYS TO ENCOURAGE
THE REFERRAL TO DRUG AND ALCOHOL RECOVERY HOUSES THAT ARE IN
FULL COMPLIANCE WITH THIS ARTICLE.
Section 2. This act shall take effect in 60 days SIX MONTHS.
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