Regular Session 2017-2018 Senate Bill 0446 P.N. 1024

PRIOR PRINTER'S NOS. 474, 913, 986

PRINTER'S NO. 1024

THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

No.

446

Session of

2017

INTRODUCED BY McGARRIGLE, YAW, SCARNATI, RESCHENTHALER, MARTIN,

TOMLINSON, TARTAGLIONE, FOLMER, KILLION, WARD, VULAKOVICH,

BARTOLOTTA, BROWNE, BREWSTER, WAGNER AND RAFFERTY,

MARCH 2, 2017

AS REPORTED FROM COMMITTEE ON HUMAN SERVICES, HOUSE OF

REPRESENTATIVES, AS AMENDED, JUNE 27, 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," in powers and duties of the Department of

Drug and Alcohol Programs, providing for drug and alcohol

recovery houses and establishing the Drug and Alcohol

Recovery House Fund; and making editorial changes.

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

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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 ACCOUNT.

THE GENERAL ASSEMBLY FINDS AND DECLARES AS FOLLOWS:

(1) INDIVIDUALS WITH ALCOHOL AND DRUG ADDICTIONS MAY BE

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. § 3601 ET SEQ.).

(6) THESE FEDERAL STATUTES PROHIBIT A BROAD RANGE OF

PRACTICES THAT DISCRIMINATE AGAINST INDIVIDUALS ON THE BASIS

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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. Article XXIII-A of the act of April 9, 1929

(P.L.177, No.175), known as The Administrative Code of 1929, is

amended by adding a subarticle heading to read:

(a) General Provisions

Section 2. Article XXIII-A of the act is amended by adding a

subarticle to read:

(b) Drug and Alcohol Recovery Houses

Section 2311-A. Definitions.

The following words and phrases when used in this subarticle

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.

"Drug and alcohol recovery house." Housing for individuals

recovering from drug or alcohol addiction, which provides those

individuals with a safe and supportive drug and alcohol-free

environment, peer support and other recovery support services

that may include coordination of treatment services.

Section 2312-A. Powers and duties of department.

The department shall license or certify drug and alcohol

recovery houses directly or through a contracted entity, as

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defined by department guidelines, which shall adhere to National

Alliance for Recovery Residences standards with modifications

deemed necessary by the department. All referrals from State

agencies or State-funded facilities shall be to licensed or

certified drug and alcohol recovery houses, and only licensed or

certified recovery houses may be eligible to receive Federal or

State funding to deliver drug and alcohol recovery housing

services.

Section 2313-A. Regulations for licensure or certification of

drug and alcohol recovery houses.

(a) Regulations.--The department may promulgate regulations

for the licensure or certification of drug and alcohol recovery

houses that receive funds or referrals from the department, or a

Federal, State or other county agency, to ensure that the drug

and alcohol recovery houses provide a safe environment for

residents. The regulations may include, but not be limited to,

the following:

(1) Upon admission, ensuring that residents are informed

of all drug and alcohol recovery house rules, residency

requirements and lease agreements.

(2) Policies and procedures for management of all funds

received and expended by the drug and alcohol recovery house

in accordance with standard accounting practices, including

funds received from or managed on behalf of residents of the

house. As used in this paragraph, the term "funds" does not

include public assistance benefits, including, but not

limited to, medical assistance, cash assistance and food

stamps.

(3) Policies and procedures addressing the safety and

protection of residents.

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(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

illicit drugs.

(6) Procedures regarding appropriate use and security of

medication.

(7) The maintenance of the property in which the drug

and alcohol recovery house is located, including, but not

limited to, the installation of functioning smoke detectors,

carbon monoxide detectors and fire extinguishers.

(8) Policies and procedures which prohibit an owner,

house administrator or employee of a drug and alcohol

recovery house from requiring a resident to sign any document

for the purpose of relinquishing the resident's public

assistance benefits, including, but not limited to, medical

assistance, cash assistance and food stamps.

(b) Temporary regulations.--In order to facilitate the

prompt implementation of this chapter, regulations promulgated

by the department shall be deemed temporary regulations that

shall not expire for a period of three years following

publication. Temporary regulations shall not be subject to:

(1) Sections 201, 202, 203, 204 and 205 of the act of

July 31, 1968 (P.L.769, No.240), referred to as the

Commonwealth Documents Law .

(2) Sections 204(b) and 301(10) of the act of October

15, 1980 (P.L.950, No.164), known as the Commonwealth

Attorneys Act .

(3) The act of June 25, 1982 (P.L.633, No.181), known as

the Regulatory Review Act .

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department to promulgate temporary regulations under subsection

(b) shall expire three years after the effective date of this

section. Regulations adopted after this period shall be

promulgated as provided by law.

Section 2314-A. Funding.

A drug and alcohol recovery house or other recovery house

shall not be authorized to provide services or receive funding

from the department or any Federal, State or county agency

without licensure or certification.

Section 2315-A. Licensure or certification.

(a) Time period.--Licensure or certification shall last for

a period of two years.

(b) Compliance of existing drug and alcohol recovery

houses.--A drug and alcohol recovery house in existence on the

effective date of this section may be deemed licensed or

certified by the department after inspection and if the drug and

alcohol recovery house provides documentation to the department

within 180 days after the promulgation of regulations by the

department that it is in compliance with the regulations

promulgated by the department.

each drug and alcohol recovery house adequate to carry out the

provisions of this subarticle.

Section 2316-A. Registry.

The department shall create and maintain a publicly

accessible registry on its publicly accessible Internet website

of all licensed or certified drug and alcohol recovery houses

within this Commonwealth, which shall be updated annually by the

department.

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Section 2317-A. Violations.

(a) Penalties.--A person owning a drug and alcohol recovery

house that is funded, in whole or in part, with funding from the

department, or a Federal, other State or county agency, that has

failed to attain or maintain licensure or certification of a

drug and alcohol recovery house and has not been licensed or

certified by the department shall pay a fine of $1,000 for each

violation.

(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 2318-A. Restricted account.

All fines and fees collected shall be deposited into a

restricted account in the department which is established and

shall be known as the Drug and Alcohol Recovery House Fund.

Money in this account is to be utilized for the enforcement of

this subarticle.

Section 2319-A. Compliance with other laws.

In order to receive and maintain licensure or certification,

all drug and alcohol recovery houses must be in compliance with

all Federal, State and local ordinances. Failure to comply or

remain in compliance shall result in loss of licensure or

certification and removal from the registry.

Section 3. This act shall take effect in 120 days.

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.

" 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.

(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

FROM ALCOHOL OR OTHER DRUG ADDICTION.

"HOUSE ADMINISTRATOR." THE INDIVIDUAL RESPONSIBLE FOR THE

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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.

(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.

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.

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(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

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,

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.--

(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:

(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

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.

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

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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.

(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 MAY

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 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.

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(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

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).

(V) SECTION 2902 (RELATING TO UNLAWFUL RESTRAINT).

(VI) SECTION 3001 (RELATING TO TRAFFICKING IN

INDIVIDUALS).

(VII) SECTION 3012 (RELATING TO INVOLUNTARY

SERVITUDE).

(VIII) SECTION 3121 (RELATING TO RAPE).

(IX) SECTION 3122.1 (RELATING TO STATUTORY SEXUAL

ASSAULT).

(X) SECTION 3123 (RELATING TO INVOLUNTARY DEVIATE

SEXUAL INTERCOURSE).

(XI) SECTION 3124.1 (RELATING TO SEXUAL ASSAULT).

(XII) SECTION 3125 (RELATING TO AGGRAVATED INDECENT

ASSAULT).

(XIII) SECTION 3126 (RELATING TO INDECENT ASSAULT).

(XIV) SECTION 3301 (RELATING TO ARSON AND RELATED

OFFENSES).

(XV) SECTION 3701 (RELATING TO ROBBERY).

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(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).

(XVIII) SECTION 4302 (RELATING TO INCEST).

(XIX) SECTION 4303 (RELATING TO CONCEALING DEATH OF

CHILD).

(XX) SECTION 4304 (RELATING TO ENDANGERING WELFARE

OF CHILDREN).

(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).

(XXIV) A FELONY OFFENSE UNDER SECTION 5902(B)

(RELATING TO PROSTITUTION AND RELATED OFFENSES).

(XXV) SECTION 5903(C) OR (D) (RELATING TO OBSCENE

AND OTHER SEXUAL MATERIALS AND PERFORMANCES).

(XXVI) SECTION 6301 (RELATING TO CORRUPTION OF

MINORS).

(XXVII) SECTION 6312 (RELATING TO SEXUAL ABUSE OF

CHILDREN).

(XXVIII) THE ATTEMPT, SOLICITATION OR CONSPIRACY TO

COMMIT ANY OF THE OFFENSES UNDER THIS PARAGRAPH.

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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.

(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 .

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)

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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.

(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.

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(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.

(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.

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(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.

(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.

(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.

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(A) DUTY TO ESTABLISH.--THE DEPARTMENT SHALL ESTABLISH AND

MAINTAIN A REGISTRY OF ALL CERTIFIED DRUG AND ALCOHOL RECOVERY

HOUSES IN THIS COMMONWEALTH.

(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

ACCOUNT.

THE CERTIFIED DRUG AND ALCOHOL RECOVERY HOUSE 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

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STAT. 327) OR OTHER APPLICABLE FEDERAL, STATE OR LOCAL LAW.

SECTION 2313-C . REGULATIONS.

THE DEPARTMENT SHALL PROMULGATE REGULATIONS TO ADMINISTER

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 SIX MONTHS.

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