Regular Session 2019-2020 House Bill 1944 P.N. 2702

PRINTER'S NO. 2702

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

1944

Session of

2019

INTRODUCED BY ORTITAY, ROTHMAN, ZIMMERMAN, CALTAGIRONE, MOUL,

READSHAW, McNEILL AND GAYDOS, OCTOBER 15, 2019

REFERRED TO COMMITTEE ON JUDICIARY, OCTOBER 15, 2019

AN ACT

Amending the act of April 9, 1929 (P.L.177, No.175), entitled

"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

Justice and its departmental administrative boards, further

providing for Bureau of Consumer Protection and providing for

opioid action task force; in powers and duties of the

Department of Health and its departmental administrative and

advisory boards, repealing provisions relating to residential

drug and alcohol treatment programs for pregnant women and

mothers and their dependent children and further providing

for staff training and referral mechanisms; in powers and

duties of the Department of Drug and Alcohol Programs,

providing for residential drug and alcohol treatment programs

for pregnant women and mothers and their dependent children;

providing for intergovernmental collaboration on substance

abuse and for public health emergency; and making editorial

changes.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Article IX heading and section 917 of the act of

April 9, 1929 (P.L.177, No.175), known as The Administrative

Code of 1929, are amended to read:

ARTICLE IX

POWERS AND DUTIES OF THE [DEPARTMENT OF JUSTICE] OFFICE OF

ATTORNEY GENERAL AND ITS DEPARTMENTAL ADMINISTRATIVE BOARDS

Section 917. Bureau of Consumer Protection.--The [Department

of Justice] Office of Attorney General shall establish a Bureau

of Consumer Protection under the direction of a director

appointed by the Attorney General.

Section 2. The act is amended by adding a section to read:

Section 926. Opioid Action Task Force.--(a) The Attorney

General shall establish an opioid action task force to

coordinate efforts with district attorneys and local governments

relating to legal action against opioid drug makers,

distributors and prescribing physicians.

(b) The task force shall consist of the Attorney General,

district attorneys and representatives from local governments

who have taken or intend to take legal action against an opioid

drug maker, distributor and prescribing physician.

taken by the Attorney General, district attorneys and local

governments and any proposed legal action. The report shall be

submitted to all district attorneys in this Commonwealth within

six months of the effective date of this section.

Section 3. Section 2123 of the act is repealed:

[Section 2123. Residential Drug and Alcohol Treatment

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Programs for Pregnant Women and Mothers and Their Dependent

Children.--(a) The Department of Health shall have the power,

and its duty shall be, to make grants or contracts to provide

residential drug and alcohol treatment and related services for

pregnant women, mothers and their dependent children and mothers

who do not have custody of their children where there is a

reasonable likelihood that the children will be returned to them

if the mother participates satisfactorily in the treatment

program. Grant or contract moneys shall only be used for

treatment and related services provided to residents of this

Commonwealth by drug and alcohol treatment programs licensed by

the Department of Health which provide the following services:

(1) Residential treatment services for women and their

children, subject to reasonable limitations on the number and

ages of the children, provided in a therapeutic community

setting and including, but not limited to:

(i) onsite addiction and substance abuse education,

counseling and treatment;

(ii) onsite individual, group and family counseling;

(iii) onsite drug and alcohol prevention and education

activities for children approved by the Office of Drug and

Alcohol Programs of the Department of Health;

(iv) onsite special counseling for children of alcoholics

and addicts;

(v) involvement with Alcoholics Anonymous, Narcotics

Anonymous, support groups for children of alcoholics and addicts

and other support groups; and

(vi) activities which enhance self-esteem and self-

sufficiency.

(2) Onsite parenting skills counseling and training.

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(3) Access to school for children and mothers where

appropriate, including, but not limited to, securing documents

necessary for registration.

(4) Job counseling and referral to existing job training

programs.

(5) Onsite day care for children when the mother is

attending counseling, school or a job training program and when

the mother is at a job or looking for a job and at other times

as the department deems appropriate.

(6) Referral and linkage to other needed services,

including, but not limited to, health care.

(7) Onsite structured reentry counseling and activities.

(8) Referral to outpatient counseling upon discharge from

the residential program.

(b) The Department of Health shall inform the single county

authorities of those programs in their jurisdiction being

considered for funding to provide the services listed in this

section and shall give the single county authorities an

opportunity to comment on these funding proposals prior to the

department making a decision to award funding.

receiving funds under this section to collect and provide to the

department information concerning the number of women and

children denied treatment or placed on waiting lists and may

require such data and other information as the department deems

useful in determining the effectiveness of the treatment

programs. Confidentiality of records regarding identifiable

individuals enrolled in treatment programs funded under this

section shall be maintained.

(d) Contributions by counties or single county authorities

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shall not be required as a condition for receiving grants for

programs funded under this section, but the Department of Health

may require counties or single county authorities to make

commitments to provide outpatient intervention, referral and

aftercare services to women whose residential treatment is

funded under this section upon completion of their residential

treatment.

(e) The Department of Health shall annually convene a

meeting of all recipients of funds for programs funded under

this section and other interested parties so that the department

may receive input regarding ways to improve and expand treatment

services and prevention activities for pregnant women, mothers

and young children.

(f) The Department of Health shall report annually to the

Governor and the General Assembly as to its activities and

expenditures under this section, the activities of recipients of

funds under this section, the number of women and children

served, the number of women and children denied treatment or

placed on waiting lists, the recommendations in summary form

made at the annual meeting provided for in subsection (e) and

the recommendations of the department.

(g) As used in this section and section 2124, the term

"single county authority" means the agency designated to plan

and coordinate drug and alcohol prevention, intervention and

treatment services for a geographic area which may consist of

one or more counties and to administer the provisions of such

services funded through the agency.

(h) As used in this section, the term "therapeutic community

setting" means a drug-free, residential, nonhospital treatment

program using therapeutic community principles as the underlying

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philosophy.]

Section 4. Section 2124 of the act is amended by adding a

subsection to read:

Section 2124. Staff Training and Referral Mechanisms.--The

Department of Health shall have the power, and its duty shall

be:

* * *

authority" shall mean the agency designated to plan and

coordinate drug and alcohol prevention, intervention and

treatment services for a geographic area which may consist of

one or more counties and to administer the provisions of the

services funded through the agency.

Section 5. The act is amended by adding a section to read:

Section 2302-A. Residential drug and alcohol treatment programs

for pregnant women and mothers and their dependent

children.

(a) General rule.--The Department of Drug and Alcohol

Programs shall have the power, and its duty shall be, to make

grants or contracts to provide residential drug and alcohol

treatment and related services for pregnant women, mothers and

their dependent children and mothers who do not have custody of

their children where there is a reasonable likelihood that the

children will be returned to them if the mother participates

satisfactorily in the treatment program. Grant or contract money

shall only be used for treatment and related services provided

to residents of this Commonwealth by drug and alcohol treatment

programs that are licensed by the Department of Drug and Alcohol

Programs and provide the following services:

(1) Residential treatment services for women and their

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children, subject to reasonable limitations on the number and

ages of the children, provided in a therapeutic community

setting and including, but not limited to:

(i) onsite addiction and substance abuse education,

counseling and treatment;

(ii) onsite individual, group and family counseling;

(iii) onsite drug and alcohol prevention and

education activities for children approved by the

Department of Drug and Alcohol Programs;

(iv) onsite special counseling for children of

alcoholics and addicts;

(v) involvement with Alcoholics Anonymous, Narcotics

Anonymous, support groups for children of alcoholics and

addicts and other support groups; and

(vi) activities which enhance self-esteem and self-

sufficiency.

(2) Onsite parenting skills counseling and training.

(3) Access to school for children and mothers where

appropriate, including, but not limited to, securing

documents necessary for registration.

(4) Job counseling and referral to existing job training

programs.

(5) Onsite day care for children when the mother attends

counseling, school or a job training program and when the

mother is at a job or searches for a job and at other times

as the department deems appropriate.

(6) Referral and linkage to other needed services,

including, but not limited to, health care.

(7) Onsite structured reentry counseling and activities.

(8) Referral to outpatient counseling upon discharge

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from the residential program.

(b) Single county authorities.--The Department of Drug and

Alcohol Programs shall inform the single county authorities of

those programs in their jurisdiction being considered for

funding to provide the services listed in this section and shall

give the single county authorities an opportunity to comment on

these funding proposals prior to the department making a

decision to award funding.

section shall collect and provide to the department information

concerning the number of women and children denied treatment or

placed on waiting lists and such data and other information as

the department deems useful in determining the effectiveness of

the treatment programs. The department shall maintain the

confidentiality of records regarding identifiable individuals

enrolled in treatment programs funded under this section.

(d) Contributions.--Contributions by counties or single

county authorities shall not be required as a condition for

receiving grants for programs funded under this section, but the

Department of Drug and Alcohol Programs may require counties or

single county authorities to make commitments to provide

outpatient intervention, referral and aftercare services to

women whose residential treatment is funded under this section

upon completion of their residential treatment.

(e) Annual meeting.--The Department of Drug and Alcohol

Programs shall annually convene a meeting of all recipients of

funds for programs funded under this section and other

interested parties so that the department may receive input

regarding ways to improve and expand treatment services and

prevention activities for pregnant women, mothers and young

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children.

(f) Report.--The Department of Drug and Alcohol Programs

shall report annually to the Governor and the General Assembly

as to its activities and expenditures under this section, the

activities of recipients of funds under this section, the number

of women and children served, the number of women and children

denied treatment or placed on waiting lists, the recommendations

in summary form made at the annual meeting provided for in

subsection (e) and the recommendations of the department.

(g) Definitions.--As used in this section, the following

words and phrases shall have the meanings given to them in this

subsection unless the context clearly indicates otherwise:

"Single county authority." As defined in section 2124.

"Therapeutic community setting." A drug-free, residential,

nonhospital treatment program using therapeutic community

principles as the underlying philosophy.

Section 6. The act is amended by adding articles to read:

ARTICLE XXVIII-G

INTERGOVERNMENTAL COLLABORATION ON SUBSTANCE ABUSE

Section 2801-G. Purpose.

The purpose of this article is to coordinate collaboration

between government agencies to respond to substance abuse issues

in this Commonwealth.

Section 2802-G. 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:

"Government agency." Any of the following:

(1) An agency of the Commonwealth, including a

department, board, commission or authority.

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(2) A political subdivision or agency of the political

subdivision.

(3) A local or municipal authority or other local

government unit.

(4) A court or related agency.

"Treatment facility." A facility licensed by the Department

of Drug and Alcohol Programs to provide drug and alcohol

addiction treatment.

"Warm handoff." The direct referral and transfer of an

overdose survivor immediately after medical stabilization from a

hospital emergency department to a treatment facility for

treatment matched to the individual's clinical needs based on a

full assessment and application of the Pennsylvania Client

Placement Criteria for Adults established by the Department of

Drug and Alcohol Programs as required under section 2334(b)(2).

Section 2803-G. Reports by government agencies.

(a) Duty to submit to Department of Drug and Alcohol

Programs.--The government agencies under this section shall

submit a report to the Department of Drug and Alcohol Programs

as follows:

(1) The Department of Corrections shall provide a report

on its collaboration with the Department of Drug and Alcohol

Programs on providing drug and alcohol treatment to prisoners

under section 2301-A.

(2) The Department of Education shall provide a report

on the following:

(i) The methods used by the Department of Education

to encourage parental engagement in the prevention of

drug and alcohol use.

(ii) The feasibility of the use of online videos

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from the Substance Abuse and Mental Health Services

Administration on the Department of Education's publicly

accessible Internet website and the ability to provide

the videos for use by school districts.

(iii) The level of compliance with K-12 drug and

alcohol education under section 1547 of the act of March

10, 1949 (P.L.30, No.14), known as the Public School Code

of 1949.

(iv) The level of compliance with mandating Student

Assistance Programs under section 1302-A of the Public

School Code of 1949.

(v) Efforts to increase the level of compliance

under subparagraphs (iii) and (iv).

(vi) The rate of improvement in compliance rates

under subparagraphs (iii) and (iv).

(3) The Department of Health shall provide a report on

the following:

(i) The number of individuals identified to be in

need of and referred to addiction treatment under the act

of October 27, 2014 (P.L.2911, No.191), known as the

Achieving Better Care by Monitoring All Prescriptions

Program (ABC-MAP) Act.

(ii) Information regarding children born with

neonatal abstinence syndrome.

(4) The Department of Human Services shall provide a

report on whether and how the medical assistance rates being

paid for addiction treatment actually compensate the costs of

providing addiction treatment.

(5) The Insurance Department shall provide a report on

the following:

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(i) The number of complaints and actions taken

regarding those complaints under the Paul Wellstone and

Pete Domenici Mental Health Parity and Addiction Equity

Act of 2008 (Public Law 110-343, 122 Stat. 3881) and

under Article VI-B of the act of May 17, 1921 (P.L.682,

No.284), known as The Insurance Company Law of 1921.

(ii) Efforts to ensure that health insurance

consumers are educated in the necessary provisions of the

Paul Wellstone and Pete Domenici Mental Health Parity and

Addiction Equity Act of 2008 and The Insurance Company

Law of 1921.

(iii) Methods to ensure that individuals are

informed of drug and alcohol addiction treatment coverage

through a notification from their health care insurer.

(iv) Information provided by a health care insurer

on level of care, length of stay and number of

individuals treated for drug and alcohol addiction to

assist individuals in choosing a health insurance plan to

meet their needs.

(6) The State Board of Medicine shall provide a report

on the following:

(i) Progress on implementing a continuing medical

education requirement in effective warm handoff to

addiction treatment for individuals who:

(A) are identified in the prescription

monitoring system under the Achieving Better Care by

Monitoring All Prescriptions Program (ABC-MAP) Act as

being at risk of having a substance use disorder; or

(B) have survived a drug overdose.

(ii) Progress in establishing, in collaboration with

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the Department of Drug and Alcohol Programs, continuing

medical education requirements developed to maximize the

likelihood of successful and immediate warm handoff to

addiction treatment for individuals, including, but not

limited to, individuals under subparagraph (i).

(7) The Board of Probation and Parole shall provide a

report on its collaboration with the Department of Drug and

Alcohol Programs to ensure that individuals with a drug or

alcohol addiction who are on probation or parole are engaged

in the addiction treatment process.

(8) The Pennsylvania State Police shall provide a report

on the number of Pennsylvania State Police barracks which

have a drug take-back box and the feasibility of placing drug

take-back boxes at all other Pennsylvania State Police

barracks.

(9) The Department of Transportation shall provide a

report on the number of driving under the influence offenders

who have been ordered by a court to attend drug and alcohol

treatment under 75 Pa.C.S. Ch. 38 (relating to driving after

imbibing alcohol or utilizing drugs) in the past year out of

the total number of offenders and recommend changes to the

law to ensure more driving under the influence offenders

receive drug and alcohol treatment.

(b) Content.--The reports under subsection (a) shall include

recommendations from the government agency to address needed

action on a certain issue and the amount of funding needed to

take such action. The report shall also include recommendations

for any legislation necessary for the government agency to

perform additional duties based on the report.

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submitted to the Department of Drug and Alcohol Programs within

60 days of the effective date of this section.

Section 2804-G. Report by Department of Drug and Alcohol

Programs.

(a) Duty to submit to Governor and General Assembly.--

(1) After the reports under section 2803-G are submitted

to the Department of Drug and Alcohol Programs, the Secretary

of Drug and Alcohol Programs shall compile the reports and

submit a comprehensive report to the Governor and General

Assembly, including the following information from the

Department of Drug and Alcohol Programs:

(i) Collaboration with the Veterans Health

Administration on providing assistance to veterans

seeking addiction treatment.

(ii) Steps taken by the single county authorities to

ensure that block grant funded addiction treatment

programs are being paid at a rate that reflects the

actual costs of providing addiction treatment.

(iii) Steps taken by the single county authorities

to ensure licensed addiction treatment facilities are

being paid rates established through a negotiation

process with consideration of cost-of-living increases

where appropriate.

(iv) The number of women enrolled in residential

drug and alcohol treatment programs for pregnant women

and mothers with dependent children, their length of stay

and relapse rates under section 2302-A.

(2) The report under paragraph (1) shall include the

amount of funding needed to address a certain issue and any

recommended legislation.

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(3) The Department of Drug and Alcohol Programs shall

include in the report publicly accessible data appropriate to

assist in making informed policy decisions, including, but

not limited to, data from the Pennsylvania Health Care Cost

Containment Council.

(b) Duty to submit to Pennsylvania Advisory Council on Drug

and Alcohol Abuse.--The Department of Drug and Alcohol Programs

shall submit the report under subsection (a) to the Pennsylvania

Advisory Council on Drug and Alcohol Abuse, where the report

shall be subject to public comment at a public meeting.

submitted to the Governor , General Assembly and Pennsylvania

Advisory Council on Drug and Alcohol Abuse within 60 days of

receipt of the reports required under section 2803-G.

Section 2805-G. Report by Office of Attorney General.

(a) Duty to report to General Assembly.--The Office of

Attorney General shall provide a report to the General Assembly

with information on the number of complaints and actions taken

regarding those complaints under the Paul Wellstone and Pete

Domenici Mental Health Parity and Addiction Equity Act of 2008

(Public Law 110-343, 122 Stat. 3881) and under Article VI-B of

the act of May 17, 1921 (P.L.682, No.284), known as The

Insurance Company Law of 1921.

(b) Timing.--The report under subsection (a) shall be

submitted to the General Assembly within six months of the

effective date of this section.

ARTICLE XXVIII-H

PUBLIC HEALTH EMERGENCY

Section 2801-H. Definitions.

The following words and phrases when used in this article

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shall have the meanings given to them in this section unless the

context clearly indicates otherwise:

"Department." The Department of Health of the Commonwealth.

"Executive agency." A department, board, commission,

authority, officer or agency or the Executive Department,

subject to the policy, supervision and control of the Governor.

"Government agency." Any of the following:

(1) An agency of the Commonwealth, including

departments, boards, commissions or authorities.

(2) A political subdivision or agency of a political

subdivision.

(3) A local or municipal authority or other local

government unit.

(4) A court or related agency.

"Public health emergency." An occurrence or imminent threat

of a disease or condition of public health importance with both

of the following characteristics:

(1) Is believed to be caused by any of the following:

(i) A bioterrorist event, a biological, chemical or

nuclear agent, a chemical attack or a nuclear attack.

(ii) The appearance of a novel or previously

controlled or eradicated infectious agent or biological

toxin.

(iii) A natural disaster, an accidental chemical

release or a nuclear incident.

(iv) A disease outbreak, including an outbreak of

substance use disorder or unusual expression of illness.

(2) Poses a high probability of any of the following in

the affected population:

(i) Death.

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(ii) Serious or long-term disabilities.

(iii) Widespread exposure to an infectious or toxic

agent that poses a significant risk of substantial

present or future harm to the public health.

"Public health worker." A person employed by, under contract

with or serving as a registered volunteer of the department or a

local health department to carry out prophylaxis, treatment,

notification and prevention services to individuals at risk of

contracting, or reported to the department or local health

departments as having , a reportable disease under the act of

April 23, 1956 (1955 P.L.1510, No.500), known as the Disease

Prevention and Control Law of 1955.

"Secretary." The Secretary of Health of the Commonwealth.

Section 2802-H. Declaration of public health emergency.

(a) Authorization.--

(1) The Governor, on the recommendation of the

secretary, may declare a public health emergency by

disseminating the declaration promptly by means calculated to

bring its contents to the attention of the general public and

shall file it with the Legislative Reference Bureau for

publication in the Pennsylvania Bulletin under 45 Pa.C.S. Pt.

II (relating to publication and effectiveness of Commonwealth

documents) and with the Director of the Pennsylvania

Emergency Management Agency.

(2) The declaration of a public health emergency shall

be deemed approved by the General Assembly unless terminated

by the General Assembly under subsection (b)(2).

(3) Within 72 hours of receipt of a declaration under

paragraph (1), the Director of the Pennsylvania Emergency

Management Agency shall convene the Pennsylvania Emergency

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Management Council to perform its duties under 35 Pa.C.S. Ch.

73 (relating to Commonwealth services) and consistent with

disaster declarations issued by the Governor.

(b) Declaration, renewal and termination.--

(1) The declaration of a public health emergency shall

be valid for a period of up to 90 days unless extended by

affirmative approval by a majority of both houses of the

General Assembly.

(2) The General Assembly by concurrent resolution may

terminate a public health emergency at any time. If the

Governor approves the concurrent resolution, or if

disapproved and the General Assembly repasses the concurrent

resolution by two-thirds of both houses, the Governor shall

issue an executive order or proclamation ending the public

health emergency declaration.

subsection (a), the department is authorized to perform the

following duties:

(1) Suspend departmental regulations.

(2) Promulgate temporary regulations under subsection

(f) to address the public health emergency.

(3) Require reporting, in the manner and form prescribed

by the department, relating to a disease, infection or

condition.

(4) Provide the requirements for health care facilities

and licensed health care practitioners , including

pharmacists, to manage a disease outbreak or unusual

expression of illness.

(5) Authorize appropriately trained, licensed or

certified public health workers to dispense, administer,

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furnish or otherwise provide prophylaxis or treatment for a

reportable disease or condition as necessary to prevent and

control the spread of disease or condition.

(d) Requirements.--Notwithstanding any other provision of

law, all government agencies shall, at the request of the

department and to the extent not prohibited by Federal law,

provide information as prescribed by the department during a

public health emergency. The department shall provide for the

frequency and format, which may include automated data

exchanges, for the collection of the information required under

this subsection.

(e) Confidentiality of information.--Any information

provided or collected under this section , except for

nonidentifiable aggregated data, shall be confidential and is

not subject to public access under the act of February 14, 2008

(P.L.6, No.3), known as the Right-to-Know Law, and is neither

discoverable nor admissible as evidence in any civil, criminal

or administrative action or proceeding.

(f) Temporary regulations.--The department may promulgate

temporary regulations regarding measures to reduce harm and

control disease. The temporary regulations are not 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) Section 204(b) 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.

(g) Expiration and subsequent promulgation.--The temporary

regulations promulgated under subsection (f) shall expire 90

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days following the expiration or termination of the declaration

of a public health emergency. Regulations adopted after this

period shall be promulgated as provided by law.

(h) Suspension of regulations.--An executive agency, in

consultation with the department, may suspend a regulation that

prevents, hinders or delays necessary action in responding to a

public health emergency.

Section 2803-H. Immunity from liability.

The provisions of 42 Pa.C.S. § 8331 (relating to medical good

Samaritan civil immunity), 8332 (relating to emergency response

provider and bystander good Samaritan civil immunity) or 8332.4

(relating to volunteer-in-public-service negligence standard)

shall apply to any person who provides assistance in carrying

out the provisions of this act.

Section 2804-H. Prohibitions.

The prohibitions under 18 Pa.C.S. § 6107 (relating to

prohibited conduct during emergency) do not apply to a

declaration of a public health emergency under this article.

Section 7. Any allocations, appropriations, records,

contracts, rights and obligations to or of the Department of

Health under former section 2123 of the act are transferred to

the Department of Drug and Alcohol Programs.

Section 8. This act shall take effect as follows:

(1) The following shall take effect immediately:

(i) The addition of Article XXVIII-H.

(ii) This section.

(2) The remainder of this act shall take effect in 60

days.

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