SENATE AMENDED

 

PRIOR PRINTER'S NOS. 1414, 3130

PRINTER'S NO.  4077

  

THE GENERAL ASSEMBLY OF PENNSYLVANIA

  

HOUSE BILL

 

No.

1186

Session of

2009

  

  

INTRODUCED BY DiGIROLAMO, McCALL, BAKER, MAHONEY, SAYLOR, ADOLPH, ARGALL, BARRAR, BEAR, BELFANTI, BEYER, BISHOP, BOYD, BRENNAN, BROWN, BUXTON, CALTAGIRONE, CASORIO, CAUSER, CHRISTIANA, CIVERA, CLYMER, COHEN, CONKLIN, CURRY, CUTLER, DALEY, DALLY, DENLINGER, DePASQUALE, DERMODY, DeWEESE, DRUCKER, J. EVANS, EVERETT, FABRIZIO, FARRY, FLECK, FRANKEL, GALLOWAY, GEIST, GEORGE, GIBBONS, GINGRICH, GOODMAN, GROVE, GRUCELA, HALUSKA, HARHAI, HARHART, HARKINS, HARRIS, HELM, HENNESSEY, HESS, HICKERNELL, HORNAMAN, HOUGHTON, JOHNSON, JOSEPHS, W. KELLER, KESSLER, KILLION, KIRKLAND, KORTZ, KOTIK, KULA, LEVDANSKY, LONGIETTI, MANDERINO, MANN, MARKOSEK, MARSHALL, MARSICO, MATZIE, McGEEHAN, McILVAINE SMITH, MELIO, MILNE, MOUL, MURPHY, MURT, MYERS, OBERLANDER, M. O'BRIEN, OLIVER, O'NEILL, PARKER, PAYNE, PAYTON, PERZEL, PETRARCA, PETRI, PHILLIPS, PICKETT, PRESTON, PYLE, QUIGLEY, QUINN, READSHAW, REICHLEY, ROEBUCK, ROHRER, ROSS, SABATINA, SAMUELSON, SANTARSIERO, SANTONI, SCHRODER, SEIP, SHAPIRO, SIPTROTH, K. SMITH, SOLOBAY, SONNEY, STABACK, STURLA, SWANGER, J. TAYLOR, R. TAYLOR, THOMAS, TRUE, VEREB, VULAKOVICH, WAGNER, WALKO, WATERS, WATSON, WHITE, WILLIAMS, YOUNGBLOOD, SAINATO, HANNA, BOYLE, PASHINSKI, CREIGHTON AND GERGELY, APRIL 3, 2009

  

  

SENATOR CORMAN, APPROPRIATIONS, IN SENATE, RE-REPORTED AS AMENDED, JULY 1, 2010   

  

  

  

AN ACT

  

1

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

2

"An act providing for and reorganizing the conduct of the

3

executive and administrative work of the Commonwealth by the

4

Executive Department thereof and the administrative

5

departments, boards, commissions, and officers thereof,

6

including the boards of trustees of State Normal Schools, or

7

Teachers Colleges; abolishing, creating, reorganizing or

8

authorizing the reorganization of certain administrative

9

departments, boards, and commissions; defining the powers and

10

duties of the Governor and other executive and administrative

11

officers, and of the several administrative departments,

 


1

boards, commissions, and officers; fixing the salaries of the

2

Governor, Lieutenant Governor, and certain other executive

3

and administrative officers; providing for the appointment of

4

certain administrative officers, and of all deputies and

5

other assistants and employes in certain departments, boards,

6

and commissions; and prescribing the manner in which the

7

number and compensation of the deputies and all other

8

assistants and employes of certain departments, boards and

9

commissions shall be determined," establishing the Department

10

of Drug and Alcohol Programs; providing for governing body of

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11

the Pennsylvania Higher Education Assistance Agency; making a

12

related repeal; repealing related provisions of the

13

Pennsylvania Drug and Alcohol Abuse and Control Act; and

14

making editorial changes.

15

The General Assembly of the Commonwealth of Pennsylvania

16

hereby enacts as follows:

17

Section 1.  Section 201 of the act of April 9, 1929 (P.L.177,

18

No.175), known as The Administrative Code of 1929, amended

19

December 30, 1984 (P.L.1299, No.245) and repealed in part May

20

26, 1988 (P.L.414, No.72), is amended to read:

21

Section 201.  Executive Officers, Administrative Departments

22

and Independent Administrative Boards and Commissions.--(a)  The

23

executive and administrative work of this Commonwealth shall be

24

performed by the Executive Department, consisting of the

25

Governor, Lieutenant Governor, Secretary of the Commonwealth,

26

Attorney General, Auditor General, State Treasurer, and

27

Secretary of Education; by the Executive Board, and the

28

Pennsylvania State Police; by the following administrative

29

departments: Department of State, Office of Attorney General,

30

Department of Corrections, Department of the Auditor General,

31

Treasury Department, Department of Education, Department of

32

Military Affairs, Insurance Department, Department of Banking,

33

Department of Agriculture, Department of Transportation,

34

Department of Health, Department of Drug and Alcohol Programs, 

35

Department of Labor and Industry, Department of Aging,

36

Department of Public Welfare, Department of General Services,

37

Department of Revenue, [Department of Commerce, Department of

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1

Community Affairs and Department of Environmental Resources] 

2

Department of Community and Economic Development, Department of

3

Environmental Protection and Department of Conservation and

4

Natural Resources; and by the following independent

5

administrative boards and commissions: Pennsylvania Game

6

Commission, Pennsylvania Fish and Boat Commission, State Civil

7

Service Commission, Pennsylvania Public Utility Commission and

8

the Pennsylvania Securities Commission.

9

(b)  All of the provisions of this act, which apply generally

10

to administrative departments, or generally except to the

11

Department of the Auditor General, the Treasury Department and

12

the Office of Attorney General, shall apply to the Executive

13

Board and to the Pennsylvania State Police.

14

Section 2.  Section 202 of the act is amended by adding,

15

before the last paragraph, a clause to read:

16

Section 202.  Departmental Administrative Boards,

17

Commissions, and Offices.--The following boards, commissions,

18

and offices are hereby placed and made departmental

19

administrative boards, commissions, or offices, as the case may

20

be, in the respective administrative departments mentioned in

21

the preceding section, as follows:

22

* * *

23

In the Department of Drug and Alcohol Programs,

24

Bureau of Prevention and Intervention,

25

Bureau of Treatment,

26

Bureau of Administration.

27

All of the foregoing departmental administrative boards and

28

commissions shall be organized or reorganized as provided in

29

this act.

30

Section 3.  Section 203 of the act, amended December 3, 1970

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1

(P.L.834, No.275), July 22, 1975 (P.L.75, No.45), June 20, 1978

2

(P.L.477, No.70), December 6, 1982 (P.L.774, No.223) and June

3

30, 1988 (P.L.475, No.80), is amended to read:

4

Section 203.  Advisory Boards and Commissions.--The following

5

advisory boards and commissions are placed in and made parts of

6

the respective administrative departments, as follows:

7

In the Department of Military Affairs,

8

State Military Reservation Commission,

9

In the Department of Environmental [Resources] Protection,

10

Citizens Advisory Council;

11

In the Department of Health,

12

Advisory Health Board;

13

In the Department of Labor and Industry,

14

Advisory Council on Affairs of the Handicapped,

15

Advisory Board on Problems of Older Workers,

16

Policy, Planning and Evaluation Advisory Committee;

17

In the Department of Public Welfare,

18

State Board of Public Welfare,

19

Advisory Committee for the Blind,

20

Advisory Committee for General and Special Hospitals,

21

Advisory Committee for Children and Youth,

22

Advisory Committee for Public Assistance,

23

Advisory Committee for Mental Health and Mental

24

Retardation.

25

Section 4.  Section 206 of the act, amended December 30, 1984

26

(P.L.1299, No.245), is amended to read:

27

Section 206.  Department Heads.--Each administrative

28

department shall have as its head an officer who shall, either

29

personally, by deputy, or by the duly authorized agent or

30

employe of the department, and subject at all times to the

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1

provisions of this act, exercise the powers and perform the

2

duties by law vested in and imposed upon the department.

3

The following officers shall be the heads of the

4

administrative departments following their respective titles:

5

Secretary of the Commonwealth, of the Department of State;

6

Auditor General, of the Department of the Auditor General;

7

State Treasurer, of the Treasury Department;

8

Attorney General, of the Office of Attorney General;

9

Secretary of Education, of the Department of Education;

10

Adjutant General, of the Department of Military Affairs;

11

Insurance Commissioner, of the Insurance Department;

12

Secretary of Banking, of the Department of Banking;

13

Secretary of Agriculture, of the Department of Agriculture;

14

Secretary of Transportation, of the Department of

15

Transportation;

16

Secretary of Health, of the Department of Health;

17

Secretary of Drug and Alcohol Programs, of the

18

Department of Drug and Alcohol Programs;

19

Secretary of Labor and Industry, of the Department of Labor

20

and Industry;

21

Secretary of Aging, of the Department of Aging;

22

Secretary of Public Welfare, of the Department of Public

23

Welfare;

24

Secretary of Revenue, of the Department of Revenue;

25

[Secretary of Commerce, of the Department of Commerce;

26

Secretary of Community Affairs, of the Department of

27

Community Affairs;

28

Secretary of Environmental Resources, of the Department of

29

Environmental Resources;]

30

Secretary of Community and Economic Development, of the

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1

Department of Community and Economic Development;

2

Secretary of Environmental Protection, of the Department of

3

Environmental Protection;

4

Secretary of Conservation and Natural Resources, of the

5

Department of Conservation and Natural Resources;

6

Secretary of General Services, of the Department of General

7

Services;

8

Secretary of Corrections, of the Department of Corrections.

9

Section 5.  Section 207.1(d)(1) of the act, amended December

10

30, 2002 (P.L.2075, No.231), is amended to read:

11

Section 207.1.  Gubernatorial Appointments.--* * *

12

(d)  The Governor shall nominate in accordance with the

13

provisions of the Constitution of the Commonwealth of

14

Pennsylvania and, by and with the advice and consent of a

15

majority of the members elected to the Senate appoint persons to

16

fill the following positions:

17

(1)  The Secretary of Education, the Secretary of the

18

Commonwealth, the Adjutant General, the Insurance Commissioner,

19

the Secretary of Banking, the Secretary of Agriculture, the

20

Secretary of Transportation, the Secretary of Health, the

21

Secretary of Drug and Alcohol Programs, the Commissioner of the

22

State Police, the Secretary of Corrections, the Secretary of

23

Labor and Industry, the Secretary of Aging, the Secretary of

24

Public Welfare, the Secretary of General Services, the Secretary

25

of Revenue, the Secretary of Community and Economic Development,

26

the Secretary of Environmental Protection and the Secretary of

27

Conservation and Natural Resources.

28

* * *

29

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

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30

Section 401.2.  Pennsylvania Higher Education Assistance

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1

Agency.--(a)  (1)  The Pennsylvania Higher Education Assistance

2

Agency shall be governed and all of its corporate powers

3

exercised by a board of directors which shall consist of twenty

4

members, nineteen of whom shall be appointed as hereinafter

5

provided, and the Secretary of Education. Except as provided in

6

subsection (b), three members shall be appointed by the Governor

7

and confirmed by the Senate, eight shall be appointed by the

8

President pro tempore of the Senate, and eight shall be

9

appointed by the Speaker of the House of Representatives.

10

(2)  All members shall be of full age, citizens of the United

11

States and residents of this Commonwealth, and shall be

12

appointed for terms of six years each, except as provided in

13

subsection (b)(1). Of the members appointed by the Governor, one

14

shall be appointed for a term which shall expire June 30, 2011,

15

one for a term which shall expire June 30, 2013, and one for a

16

term which shall expire June 30, 2015. Of the members appointed

17

by the President pro tempore of the Senate, three shall be

18

appointed for a term which shall expire June 30, 2011, three for

19

a term which shall expire June 30, 2013, and two for a term

20

which shall expire June 30, 2015. Of the members appointed by

21

the Speaker of the House of Representatives, four shall be

22

appointed for a term which shall expire June 30, 2011, three for

23

a term which shall expire June 30, 2013, and one for a term

24

which shall expire June 30, 2015.

25

(3)  The eight members appointed by the President pro tempore

26

of the Senate shall be members of the Senate or appointees under

27

subsection (b), four of whom shall be of the majority party and

28

four of the minority party; and the eight members appointed by

29

the Speaker of the House of Representatives shall be members of

30

the House of Representatives or appointees under subsection (b),

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1

four of whom shall be of the majority party and four of the

2

minority party; and any member of the Senate or House of

3

Representatives hereafter appointed shall serve on the board

4

only so long as he is a member or an appointee under subsection

5

(b) of the particular body of the General Assembly from which he

6

was appointed to the board, in which event he shall be

7

ineligible to continue as a member of the board as a legislative

8

appointee and a vacancy shall exist. In such a case the

9

President pro tempore of the Senate or the Speaker of the House

10

of Representatives shall fill the vacancy for the unexpired term

11

in the same manner as original appointment.

12

(b)  (1)  Commencing with legislative board appointments that

13

expire after June 30, 2010, all board appointments made after

14

June 30, 2010, shall be appointed for terms of four years each

15

and, when a legislative member's term, as appointed under this

16

section, expires and the legislative member wishes not to be

17

reappointed, provided he is eligible for reappointment, the

18

legislative leader of the respective chamber shall fill the

19

vacancy with a nonlegislative individual that has relevant

20

experience in a field related to finance, banking, investment,

21

information technology, higher education or higher education

22

finance. The respective legislative leader shall not appoint

23

more than one nonlegislative member to fill a vacancy in the

24

board positions allotted to the majority or minority party, and

25

such appointment shall not replace the chairman of the standing

26

committee on education or the legislator designated to serve on

27

the education committee chairman's behalf.

28

(2)  A member of the board of directors who becomes

29

ineligible to serve as a legislative appointee shall be eligible

30

for appointment by the Governor.

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1

(3)  The board of directors shall elect from its own members

2

each year a chairman and vice chairman each of whom must be a

3

legislative appointed member of the board, who shall serve for

4

terms of one year and who shall be eligible for reelection for

5

successive terms. Vacancies shall be filled for the unexpired

6

terms in the same manner as original appointments. Directors

7

shall receive no compensation for their services, but shall be

8

reimbursed for their expenses actually and necessarily incurred

9

by them in the performance of their duties under the act of

10

August 7, 1963 (P.L.549, No.290), referred to as the

11

Pennsylvania Higher Education Assistance Agency Act.

12

(c)  The board of directors shall provide for the holding of

13

regular and special meetings. Six directors attending shall

14

constitute a quorum for the transaction of any business and,

15

unless a greater number is required by the bylaws of the agency,

16

the act of a majority of the directors present at any meeting

17

shall be deemed the act of the board.

18

(d)  The board of directors shall adopt bylaws for the agency

19

and may appoint such officers and employes as it deems advisable

20

and may fix their compensation and prescribe their duties.

21

(e)  The board of directors may elect an executive committee

22

of not less than five members who, in intervals between meetings

23

of the board, may transact such business of the agency as the

24

bylaws of the agency may from time to time authorize. Unless

25

otherwise provided by the bylaws, a majority of the whole of

26

such committee attending shall constitute a quorum for the

27

transaction of any business, and the act of a majority of the

28

members of the executive committee present at any meeting

29

thereof shall be the act of such committee.

30

Section 6 7.  Section 451(b) of the act, amended July 7, 1989

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1

(P.L.241, No.42), is amended to read:

2

Section 451.  State Planning Board.--* * *

3

(b)  (1)  The State Planning Board shall consist of fifteen

4

members to be appointed by the Governor from among the citizens

5

of the State, who during their terms shall hold no other office

6

in the executive branch of State Government to which any salary

7

is attached. In addition to these members, there shall be six ex

8

officio members, the Secretary of Agriculture, the [Secretary of

9

Commerce, the Secretary of Community Affairs, the Secretary of

10

Environmental Resources] Secretary of Community and Economic

11

Development, the Secretary of Environmental Protection, the

12

Secretary of Conservation and Natural Resources, the Secretary

13

of Public Welfare and the Secretary of Transportation. There

14

shall also be two members appointed by, and serve at the

15

pleasure of, the President pro tempore of the Senate, neither of

16

whom shall be members of the same political party, and two

17

members appointed by, and serve at the pleasure of, the Speaker

18

of the House of Representatives, neither of whom shall be

19

members of the same political party. The terms of office of

20

those members appointed by the Governor shall be for four years

21

and until their successors are appointed and have qualified. In

22

case of a vacancy, the Governor shall make an appointment for

23

the unexpired portion of the term. The Governor shall designate

24

the chairman and vice-chairman of the board from among the

25

members of the board, other than the ex officio and legislative

26

members.

27

(2)  Thirteen members of the board shall constitute a quorum.

28

(3)  The members of the board shall serve without

29

compensation but shall be entitled to receive traveling and

30

other reasonable expenses incurred in the discharge of their

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1

duties.

2

(4)  The board may, with the approval of the Governor,

3

appoint and fix the compensation of an executive director who

4

shall be technically qualified for the duties of the office and

5

who shall act as secretary of the board and conduct the work of

6

the board under its supervision.

7

* * *

8

Section 7 8.  Section 1209 introductory paragraph and (b) of

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9

the act, amended February 1, 1966 (1965 P.L.1849, No.582), are

10

amended to read:

11

Section 1209.  Local Government Budget and Financial Reports;

12

Compilation of Statistics.--The Department of Community

13

[Affairs] and Economic Development shall have power and its duty

14

shall be:

15

* * *

16

(b)  To furnish to the corporate authorities of each county

17

(except counties of the first class), city of the third class,

18

borough, incorporated town, township suitable blank forms for

19

the making of annual reports of the financial condition of their

20

respective local governments to the department, which forms for

21

financial report purposes shall be placed by said corporate

22

authorities into the hands of the director, controller or

23

auditors who by law are required to make such financial reports

24

to the department. Such annual financial reports shall be

25

prepared in cooperation with aforesaid duly authorized

26

committees of local government officials and shall contain: (1)

27

a statement of the receipts of the unit of local government from

28

all sources and of all accounts and revenue which may be due and

29

uncollected at the close of the fiscal year; (2) a statement of

30

the disbursements for all the governmental activities of the

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1

unit of local government during the fiscal year; (3) a detailed

2

statement of the indebtedness of the unit of local government at

3

the close of the fiscal year, the provisions made for the

4

payment thereof, together with the purposes for which it was

5

incurred; (4) a statement of the cost of ownership and operation

6

of each and every public service industry owned, maintained or

7

operated by the unit of local government; (5) such further or

8

more specific information in relation to the cost of any branch

9

of the local government and improvements therein as may be

10

required by the department.

11

In the case of blank forms for financial reports by townships

12

of the second class and counties, the same shall be so arranged

13

that corresponding data and information, required to be reported

14

by said units of local government to the Department of

15

[Highways] Transportation or the Department of Public Welfare,

16

may be used for the information required to be furnished to the

17

Department of Community [Affairs] and Economic Development under

18

this section.

19

* * *

20

Section 8 9.  Section 2203-A(a)(11) and (26) of the act,

<--

21

amended December 15, 1988 (P.L.1244, No.153), are amended to

22

read:

23

Section 2203-A.  Powers and Duties in General.-(a)  The

24

Department of Aging hereinafter referred to in this article as

25

the department shall, subject to any inconsistent provisions in

26

this act contained, have the power and its duty shall be to:

27

* * *

28

(11)  Promote and support programs, studies and policies, in

29

cooperation with the Departments of Labor and Industry,

30

Education, [Commerce] Community and Economic Development, Public

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1

Welfare and other agencies, which will enhance the opportunity

2

for continued work, education and training for older persons and

3

for preretirement assistance where appropriate.

4

* * *

5

(26)  Review and comment on all rules, regulations,

6

eligibility or payment standards issued by the Departments of

7

Public Welfare, Environmental [Resources, Health] Protection or

8

Labor and Industry relating to the licensure and regulation of

9

nursing homes, hospitals, and other health facilities; medical

10

assistance, supplemental security income; homemaking and home-

11

health care or residential care facilities for older adults.

12

Said rules, regulations and standards shall not take effect

13

until they have been submitted to the department for comment.

14

* * *

15

Section 9 10.  The act is amended by adding an article to

<--

16

read:

17

ARTICLE XXIII-A

18

POWERS AND DUTIES OF THE DEPARTMENT OF DRUG

19

AND ALCOHOL PROGRAMS

20

Section 2301-A.  Powers and duties.

21

The Department of Drug and Alcohol Programs shall have the

22

power, and its duty shall be:

23

(1)  To develop and adopt a State plan for the control,

24

prevention, intervention, treatment, rehabilitation,

25

research, education and training aspects of drug and alcohol

26

abuse and dependence problems. The State plan shall include,

27

but not be limited to, provision for:

28

(i)  Coordination of the efforts of all State

29

agencies in the control, prevention, intervention,

30

treatment, rehabilitation, research, education and

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1

training aspects of drug and alcohol abuse and dependence

2

problems so as to avoid duplications and inconsistencies

3

in the efforts of the agencies.

4

(ii)  Coordination of all health and rehabilitation

5

efforts to deal with the problem of drug and alcohol

6

abuse and dependence, including, but not limited to,

7

those relating to vocational rehabilitation, manpower

8

development and training, senior citizens, law

9

enforcement assistance, parole and probation systems,

10

jails and prisons, health research facilities, mental

11

retardation facilities and community mental health

12

centers, juvenile delinquency, health professions,

13

educational assistance, hospital and medical facilities,

14

social security, community health services, education

15

professions development, higher education, Commonwealth

16

employees health benefits, economic opportunity,

17

comprehensive health planning, elementary and secondary

18

education, highway safety and the civil service laws.

19

(iii)  Encouragement of the formation of local

20

agencies and local coordinating councils, and promotion

21

of cooperation and coordination among such groups, and

22

encouragement of communication of ideas and

23

recommendations from such groups to the Pennsylvania

24

Advisory Council on Drug and Alcohol Abuse.

25

(iv)  Development of model drug and alcohol abuse and

26

dependence control plans for local government, utilizing

27

the concepts incorporated in the State plan. The model

28

plans shall be reviewed on a periodic basis but not less

29

than once a year, and revised to keep them current. The

30

model plans shall specify how all types of community

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1

resources and existing Federal and Commonwealth

2

legislation may be utilized.

3

(v)  Assistance and consultation to local

4

governments, public and private agencies, institutions

5

and organizations, and individuals with respect to the

6

prevention and treatment of drug and alcohol abuse and

7

dependence, including coordination of programs among

8

them.

9

(vi)  Cooperation with organized medicine to

10

disseminate medical guidelines for the use of drugs and

11

controlled substances in medical practice.

12

(vii)  Coordination of research, scientific

13

investigations, experiments and studies relating to the

14

cause, epidemiology, sociological aspects, toxicology,

15

pharmacology, chemistry, effects on health, dangers to

16

public health, prevention, diagnosis and treatment of

17

drug and alcohol abuse and dependence.

18

(viii)  Investigation of methods for the more precise

19

detection and determination of alcohol and controlled

20

substances in urine and blood samples, and by other

21

means, and publication on a current basis of uniform

22

methodology for such detections and determinations.

23

(ix)  Any information obtained through scientific

24

investigation or research conducted pursuant to this act

25

shall be used in ways so that no name or identifying

26

characteristics of any person shall be divulged without

27

the approval of the department and the consent of the

28

person concerned. Persons engaged in research pursuant to

29

this section shall protect the privacy of individuals who

30

are the subject of such research by withholding from all

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1

persons not connected with the conduct of such research

2

the names or other identifying characteristics of such

3

individuals. Persons engaged in the research shall

4

protect the privacy of such individuals and may not be

5

compelled in any State, civil, criminal, administrative,

6

legislative or other proceeding to identify such

7

individuals.

8

(x)  Establishment of training programs for

9

professional and nonprofessional personnel with respect

10

to drug and alcohol abuse and dependence, including the

11

encouragement of such programs by local governments.

12

(xi)  Development of a model curriculum, including

13

the provision of relevant data and other information, for

14

utilization by elementary and secondary schools for

15

instructing children and for parent-teachers'

16

associations, adult education centers, private citizen

17

groups, or other State and local sources, for instruction

18

of parents and other adults about drug and alcohol abuse

19

and dependence.

20

(xii)  Preparation of a broad variety of educational,

21

prevention and intervention material for use in all

22

media, to reach all segments of the population, that can

23

be utilized by public and private agencies, institutions

24

and organizations in educational programs with respect to

25

drug and alcohol abuse and dependence.

26

(xiii)  Establishment of educational courses,

27

including the provision of relevant data and other

28

information on the causes and effects of and treatment

29

for drug and alcohol abuse and dependence, for law

30

enforcement officials, including prosecuting attorneys,

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1

court personnel, the judiciary, probation and parole

2

officers, correctional officers and other law enforcement

3

personnel, welfare, vocational rehabilitation and other

4

State and local officials who come in contact with drug

5

abuse and dependence problems.

6

(xiv)  Recruitment, training, organization and

7

employment of professional and other persons, including

8

former drug and alcohol abusers and dependent persons, to

9

organize and participate in programs of public education.

10

(xv)  Treatment and rehabilitation services for male

11

and female juveniles and adults who are charged with,

12

convicted of or serving a criminal sentence for any

13

criminal offense under the laws of this Commonwealth.

14

Provision of similar services shall be made for juveniles

15

adjudged to be delinquent, dependent or neglected. These

16

services shall include, but are not limited to, emergency

17

medical services, inpatient services and intermediate

18

care, rehabilitative and outpatient services.

19

(xvi)  Giving priority to developing community-based

20

drug or alcohol abuse treatment services in a cooperative

21

manner among State and local governmental agencies and

22

departments and public and private agencies, institutions

23

and organizations. Consideration shall be given to

24

supportive medical care, services or residential

25

facilities for drug or alcohol dependent persons for whom

26

treatment has repeatedly failed and for whom recovery is

27

unlikely.

28

(xvii)  Establishment of a system of emergency

29

medical services for persons voluntarily seeking

30

treatment, for persons admitted and committed to

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1

treatment facilities according to the procedural

2

admission and commitment provisions of the act of July 9,

3

1976 (P.L.817, No.143), known as the Mental Health

4

Procedures Act, and for persons charged with a crime

5

under Pennsylvania law. Upon the establishment of such

6

emergency medical services, the Department of Drug and

7

Alcohol Programs, by regulation, shall require that

8

appropriate emergency medical services be made available

9

to all drug and alcohol abusers who are arrested for a

10

crime under Pennsylvania law.

11

(xviii)  Providing standards for the approval by the

12

relevant State agency for all private and public

13

treatment and rehabilitative facilities, which may

14

include, but are not limited to, State hospitals and

15

institutions, public and private general hospitals,

16

community mental health centers or their contracting

17

agencies and public and private drug or alcohol

18

dependence and drug and alcohol abuse and dependence

19

treatment and rehabilitation centers.

20

(xix)  Grants and contracts for the prevention,

21

intervention and treatment of drug and alcohol

22

dependence. The grants and contracts may include

23

assistance to local governments and public and private

24

agencies, institutions and organizations for prevention,

25

intervention, treatment, rehabilitation, research,

26

education and training aspects of the drug and alcohol

27

abuse and dependence problems with the Commonwealth. Any

28

grant made or contract entered into by a department or

29

agency shall be pursuant to the functions allocated to

30

that department or agency by the State plan.

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1

(xx)  Preparation of general regulations for, and

2

operation of, programs supported with assistance.

3

(xxi)  Establishment of priorities for deciding

4

allocation of the funds.

5

(xxii)  Review the administration and operation of

6

programs, including the effectiveness of such programs in

7

meeting the purposes for which they are established and

8

operated, and make annual reports of the findings.

9

(xxiii)  Evaluate the programs and projects carried

10

out and disseminate the results of such evaluations.

11

(xxiv)  Establish such advisory committees as deemed

12

necessary to assist the department in fulfilling its

13

responsibilities.

14

(2)  In developing the State plan initially, and prior to

15

its amendment annually, to hold a public hearing at least 30

16

days prior to the adoption of the initial State plan and

17

subsequent amendments and to afford all interested persons an

18

opportunity to present their views either orally or in

19

writing. The Department of Drug and Alcohol Programs, through

20

its staff, shall consult and collaborate with appropriate

21

Federal and State and local departments, boards, agencies and

22

governmental units, and with appropriate public and private

23

agencies, institutions, groups and organizations. Otherwise,

24

the promulgation of the State plan shall conform to the

25

procedure contained in the Commonwealth Documents Law.

26

(3)  In accordance with the State plan, to allocate the

27

responsibility for all services, programs and other efforts

28

provided for among the appropriate departments, agencies and

29

other State personnel. The department, through its employees,

30

shall have the power and its duty shall be to implement

- 19 -

 


1

compliance with the provisions of the State plan and to

2

coordinate all such efforts.

3

(4)  To gather and publish statistics pertaining to drug

4

and alcohol abuse and dependence and promulgate regulations,

5

specifying uniform statistics to be obtained, records to be

6

maintained and reports to be submitted by public and private

7

departments, agencies, organizations, practitioners and other

8

persons with respect to drug and alcohol abuse and

9

dependence, and related problems. Such statistics and reports

10

shall not reveal the identity of any patient or drug or

11

alcohol-dependent person or other confidential information.

12

(5)  To establish an information center, which will

13

attempt to gather and contain all available published and

14

unpublished data and information on the problems of drug and

15

alcohol abuse and dependence. All Commonwealth departments

16

and agencies shall send to the Department of Drug and Alcohol

17

Programs any data and information pertinent to the cause,

18

prevention, diagnosis and treatment of drug and alcohol abuse

19

and dependence and the toxicology, pharmacology, effects on

20

the health of drug and alcohol abusers and danger to the

21

public health of alcohol, drugs and controlled substances.

22

The Department of Drug and Alcohol Programs shall make such

23

data and information widely available.

24

(6)  To require all appropriate State and local

25

departments, agencies, institutions and others engaged in

26

implementing the State plan to submit as often as necessary,

27

but no less often than annually, reports detailing the

28

activities and effects of the implementation and recommending

29

appropriate amendments to the State plan. The department may

30

direct a performance audit of any activity engaged in

- 20 -

 


1

pursuant to the State plan.

2

(7)  To submit an annual report to the General Assembly

3

which shall specify the actions taken and services provided

4

and funds expended and an evaluation of their effectiveness.

5

The annual report shall also contain the current State plan.

6

The Department of Drug and Alcohol Programs shall submit such

7

additional reports as may be requested by the General

8

Assembly and recommendations to further the prevention,

9

treatment and control of drug and alcohol abuse and

10

dependence.

11

(8)  To make provision for facilities in each city or

12

region or catchment area which shall provide information

13

about the total Commonwealth drug and alcohol abuse and drug

14

and alcohol dependency programs and services.

15

(9)  The department shall have the power to promulgate

16

the rules and regulations necessary to carry out the

17

provisions of this article.

18

Section 10 11.  All personnel, allocation, appropriations,

<--

19

equipment, files, records, contracts, agreements, obligations

20

and other material which are used, employed or expended in

21

connection with the powers, duties or functions of the

22

Department of Health concerning drug or alcohol abuse are hereby

23

transferred to the Department of Drug and Alcohol Programs

24

established by this act with the same force and effect as if the

25

appropriations had been made to and said items had been the

26

property of the Department of Drug and Alcohol Programs in the

27

first instance, and as if said contracts, agreements and

28

obligations had been incurred or entered into by the Department

29

of Drug and Alcohol Programs. The personnel, appropriations,

30

equipment and other items and material transferred by this

- 21 -

 


1

section shall include Federal grants and funds and other

2

benefits from any Federal program. All personnel transferred

3

pursuant to this act shall retain any civil service employment

4

status assigned to said personnel.

5

Section 11 12.  All positions in the Department of Drug and

<--

6

Alcohol Programs shall be deemed to be "classified service" as

7

defined in section 3(d) of the act of August 5, 1941 (P.L.752,

8

No.286), known as the Civil Service Act, and the provisions and

9

benefits of that act shall be applicable to the employees of,

10

and positions in, the department.

11

Section 12 13.  All orders, permits, regulations, decisions

<--

12

and other actions of the Department of Health or any department,

13

board, commission or agency whose functions have been

14

transferred by this act to the Department of Drug and Alcohol

15

Programs shall remain in full force and effect until modified,

16

repealed, superseded in or otherwise changed by appropriate

17

action of the Department of Drug and Alcohol Programs.

18

Section 13 14.  The Pennsylvania Advisory Council on Drug and

<--

19

Alcohol Abuse established in section 3 of the act of April 14,

20

1972 (P.L.221, No.63), known as the Pennsylvania Drug and

21

Alcohol Abuse Control Act, shall be recognized as the advisory

22

council to the Department of Drug and Alcohol Programs.

23

Section 14 15.  (a)  The General Assembly finds that the

<--

24

repeal in subsection (b) is subsections (b), (c) and (d) are 

<--

25

necessary to effectuate this act.

26

(b)  Section 4 of the act of April 14, 1972 (P.L.221, No.63),

27

known as the Pennsylvania Drug and Alcohol Abuse Control Act, is

28

repealed.

29

(c)  The repeal under subsection (d) is necessary to

<--

30

effectuate the addition of section 401.2 of the act.

- 22 -

 


1

(d)  Section 3 of the act of August 7, 1963 (P.L.549,

2

No.290), referred to as the Pennsylvania Higher Education

3

Assistance Agency Act, is repealed.

4

(c) (e)  All other acts and parts of acts are repealed

<--

5

insofar as they are inconsistent with this act.

6

Section 15 16.  This act shall take effect July 1, 2011. as

<--

7

follows:

8

(1)  The addition of section 401.2 of the act shall take

9

effect immediately.

10

(2)  The remainder of this act shall take effect July 1,

11

2011.

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