PRINTER'S NO. 3104
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2130
Session of
2018
INTRODUCED BY BENNINGHOFF, CALTAGIRONE, CORBIN, COX, DAVIS,
EVERETT, A. HARRIS, JAMES, KAUFFMAN, KLUNK, MILLARD, NEILSON,
NELSON, PASHINSKI, PICKETT, READSHAW, ROE, RYAN, SAYLOR,
SNYDER, KEEFER, BARRAR, WATSON AND M. QUINN, MARCH 9, 2018
REFERRED TO COMMITTEE ON HUMAN SERVICES, MARCH 9, 2018
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 judicial
administration; 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," in powers and duties of the
Department of Drug and Alcohol Programs, providing for
medication-assisted treatment.
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 a
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
section to read:
Section 2302-A. Medication-assisted treatment.
(a) Rules and regulations.--The Department of Drug and
Alcohol Programs, in consultation with the Department of Health
and the Department of Human Services, shall promulgate rules and
regulations for medication-assisted treatment. The rules and
regulations shall include a requirement that if a patient
receives medication-assisted treatment from a prescriber, the
patient shall enroll at a facility licensed by the Department of
Drug and Alcohol Programs for counseling as follows:
(1) An average of 2.5 hours of psychotherapy per month
during a patient's first two years of medication-assisted
treatment, one hour of which shall be individual
psychotherapy. Additional psychotherapy may be provided as
dictated by ongoing assessment of a patient.
(2) At least one hour per month of group or individual
psychotherapy during the third and fourth year of medication-
assisted treatment. Additional psychotherapy may be provided
as dictated by ongoing assessment of a patient.
(3) After four years of medication-assisted treatment,
at least one hour of group or individual psychotherapy every
two months. Additional psychotherapy may be provided as
dictated by ongoing assessment of a patient.
(4) A prescriber shall document the counseling in the
medical record of a patient.
(b) Penalties.--The Department of Drug and Alcohol Programs
shall impose an administrative penalty on a prescriber for a
violation of the rules and regulations under subsection (a) as
follows:
(1) For a first violation, $1,000.
20180HB2130PN3104 - 2 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
(2) For a section violation, $3,000.
(3) For a third violation, the Department of Drug and
Alcohol Programs shall notify the prescriber's licensure
board of the violation and the licensure board shall revoke
the prescriber's license.
(c) Emergency-certified regulations.--The regulations
required under subsection (a) may be promulgated as emergency-
certified regulations under section 6(d) of the act of June 25,
1982 (P.L.633, No.181), known as the Regulatory Review Act.
(d) Definitions.--The following words and phrases when used
in this section shall have the meanings given to them in this
subsection unless the context clearly indicates otherwise:
"Counseling." Individualized psychotherapy services provided
by a facility licensed by the Department of Drug and Alcohol
Programs.
"Medication-assisted treatment." The use of medication for
the treatment of a substance use disorder. The term shall
include, but not be limited to, office-based addiction
treatment.
"Prescriber." A person who is licensed, registered or
otherwise lawfully authorized to distribute, dispense or
administer a controlled substance, other drug or device in the
course of professional practice or research in this
Commonwealth, including a person operating under a waiver to
practice opioid dependency treatment with approved buprenorphine
medications under the Controlled Substances Act (Public Law 91-
513, 84 Stat. 1236). The term does not include a veterinarian.
Section 2. This act shall take effect in 60 days.
20180HB2130PN3104 - 3 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28