Regular Session 2017-2018 House Bill 0119 P.N. 1927

PRIOR PRINTER'S NOS. 245, 1666

PRINTER'S NO. 1927

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

119

Session of

2017

INTRODUCED BY KAUFER, DAVIS, READSHAW, FEE, DRISCOLL, TAYLOR,

MURT, MILLARD, RADER, B. MILLER, KAVULICH, MULLERY, NELSON,

BAKER, McNEILL, WATSON, BOBACK, D. MILLER, SIMMONS, SAYLOR,

CUTLER, COOK, ROZZI, GALLOWAY, BARBIN, KNOWLES, CRUZ AND

FARRY, FEBRUARY 1, 2017

AS AMENDED ON SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES,

JUNE 6, 2017

AN ACT

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

as amended, "An act providing for and reorganizing the

conduct of the executive and administrative work of the

Commonwealth by the Executive Department thereof and the

administrative departments, boards, commissions, and officers

thereof, including the boards of trustees of State Normal

Schools, or Teachers Colleges; abolishing, creating,

reorganizing or authorizing the reorganization of certain

administrative departments, boards, and commissions; defining

the powers and duties of the Governor and other executive and

administrative officers, and of the several administrative

departments, boards, commissions, and officers; fixing the

salaries of the Governor, Lieutenant Governor, and certain

other executive and administrative officers; providing for

the appointment of certain administrative officers, and of

all deputies and other assistants and employes in certain

departments, boards, and commissions; providing for the

regulation of pari-mutuel thoroughbred horse racing and

harness horse racing activities, imposing certain taxes and

providing for the disposition of funds from pari-mutuel

tickets; and prescribing the manner in which the number and

compensation of the deputies and all other assistants and

employes of certain departments, boards and commissions shall

be determined," providing for certified drug and alcohol

recovery houses and establishing the Certified Drug and

Alcohol Recovery House Fund ACCOUNT.

The General Assembly finds and declares as follows:

(1) Individuals with alcohol and drug addictions may be

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in need of a supportive, sober housing arrangement after

completing inpatient treatment for addiction.

(2) Stable housing has been recognized as a verifiable

need for individuals in recovery, especially early recovery,

but is often difficult to obtain.

(3) The goal is to find a place that is safe,

appropriately maintained and beneficial to the individual's

recovery process.

(4) Sober living recovery houses can be extremely

helpful in stabilizing early recovery as an individual who

has an addiction continues treatment and begins to search for

employment.

(5) The Congress of the United States added protections

for individuals with disabilities to the Fair Housing Act

(Public Law 90-284, 42 U.S.C. § 3601 et seq.).

(6) These Federal statutes prohibit a broad range of

practices that discriminate against individuals on the basis

of race, color, religion, sex, national origin, familial

status, handicap or disability or having a substance abuse

disorder.

(7) The Fair Housing Act does not preempt local zoning

laws but is intended to prohibit the use of local laws and

ordinances to make housing unavailable to individuals with a

disability solely on the basis of their disability.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. The act of April 9, 1929 (P.L.177, No.175), known

as The Administrative Code of 1929, is amended by adding an

article to read:

ARTICLE XXIII-C

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CERTIFIED DRUG AND ALCOHOL

RECOVERY HOUSE

Section 2301-C. Definitions.

The following words and phrases when used in this article

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

context clearly indicates otherwise:

"CERTIFICATE OF COMPLIANCE" OR "CERTIFICATION." INCLUDES A

LICENSE TO OPERATE A DRUG AND ALCOHOL RECOVERY HOUSE.

"CERTIFIED." HAVING A VALID CERTIFICATE OF COMPLIANCE FROM

THE DEPARTMENT OR LICENSED BY THE DEPARTMENT FOR THE OPERATION

OF A DRUG AND ALCOHOL RECOVERY HOUSE.

"DEPARTMENT." THE DEPARTMENT OF DRUG AND ALCOHOL PROGRAMS OF

THE COMMONWEALTH.

" Certified drug DRUG and alcohol recovery house." A group

housing arrangement that meets all of the following:

(1) Provides a transitional living situation that may be

utilized between residential treatment and independent living

in the community.

(2) Provides safe recovery environments recognizing

multiple pathways to recovery for individuals who are not

ready to live on their own but who are motivated in recovery

and can thrive in an environment providing limited structure.

(3) Requires residents to pay to live and cohabitate in

a family-like setting sharing common living areas and

supporting each other in the recovery process.

"Department." The Department of Drug and Alcohol Programs of

the Commonwealth.

(4) PROVIDES A PEER -SUPPORTED, ALCOHOL-FREE AND DRUG-

FREE LIVING ENVIRONMENT WHICH MAY ALSO BE DESCRIBED AS A

SOBER HOUSE OR A HOUSE WHERE THERE ARE RESIDENTS IN RECOVERY

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FROM ALCOHOL OR OTHER DRUG ADDICTION.

"House administrator." The individual responsible for the

overall management of a certified drug and alcohol recovery

house, including the supervision of each resident and staff

employed by or volunteering for the certified drug and alcohol

recovery house.

Section 2302-C. Duties of department.

(a) Certification.--The department shall establish standards

for the purpose of developing and administering certification of

a drug and alcohol recovery house that receives funds from a

Federal or State agency .

(b) Process.--The department shall establish a process to:

(1) Administer the application, certification,

recertification and disciplinary processes.

(2) Monitor and inspect a certified drug and alcohol

recovery house and the staff of a certified drug and alcohol

recovery house to ensure compliance with certification

requirements. The department may authorize single county

authorities to perform the actions under this paragraph.

(3) Establish application, inspection and annual

certification renewal fees.

alcohol recovery house to submit the following documents with

the completed application and fee:

(1) A policy and procedures manual containing:

(i) Job descriptions for each staff position.

(ii) Drug testing procedures and requirements.

(iii) A prohibition on the premises against alcohol,

illegal drugs and the use of prescribed medications by an

individual other than the individual for whom the

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medication is prescribed.

(iv) Policies to support a resident's recovery

efforts.

(v) A good neighbor policy to address neighborhood

concerns.

(vi) The maintenance of the property, including

safety exits, the installation of smoke detectors and

fire extinguishers.

(2) Rules for residents.

(3) Copies of each form provided to residents.

(4) Intake procedures.

(5) Relapse policy.

(6) Fee schedule.

(7) Refund policy.

(8) Eviction procedures and policy.

(9) Code of ethics.

(10) Proof of MEETING insurance requirements.

(11) Criminal history record check requirements.

(12) Requirements for proof of satisfactory fire, safety

and health inspections.

(13) INFORMATION REGARDING OWNERSHIP.

(d) Inspection.--The department or a single county authority

may SHALL conduct an onsite inspection of a drug and alcohol

recovery house before issuing a certificate of compliance.

Onsite follow-up monitoring of a certified drug and alcohol

recovery house may be conducted to determine continuing

compliance with certification requirements AND MAY BE INITIATED

AS A RESULT OF A COMPLAINT TO THE DEPARTMENT FOR NONCOMPLIANCE .

(e) Criminal history record checks.--The department shall

require all OWNERS, DIRECTORS, CHIEF FINANCIAL OFFICERS,

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applicants, employees and volunteers of a drug and alcohol

recovery house to undergo criminal history record checks.

(f) Certificate of compliance.--The department shall issue a

certificate of compliance upon approval of the application and

inspection. The certification shall automatically terminate if

not renewed within one year after the date of issuance.

(g) Denial, suspension or revocation.--The department shall

(G) DENIAL, SUSPENSION OR REVOCATION.--

(1) THE DEPARTMENT SHALL deny a drug and alcohol

recovery house's application for certification and may

suspend or revoke a certification if the drug and alcohol

recovery house:

(1) Is not in compliance with this article.

(2) Has failed to remedy a deficiency identified by the

department within the time period specified.

(3) Provided false, misleading or incomplete

information.

(4) Has delinquent State taxes.

(5) Knowingly has a house administrator who has been

convicted of a criminal offense that occurred within the past

three years relating to the sale or possession of drugs,

narcotics or controlled substances or who are subject to the

disqualifying offenses under section 2304-C(b).

(I) IS NOT IN COMPLIANCE WITH THIS ARTICLE;

(II) HAS FAILED TO REMEDY A DEFICIENCY IDENTIFIED BY

THE DEPARTMENT WITHIN THE TIME PERIOD SPECIFIED;

(III) PROVIDED FALSE, MISLEADING OR INCOMPLETE

INFORMATION;

(IV) HAS DELINQUENT STATE TAXES; OR

(V) KNOWINGLY HAS A HOUSE ADMINISTRATOR, AN OWNER, A

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DIRECTOR OR A CHIEF FINANCIAL OFFICER WHO IS SUBJECT TO

THE DISQUALIFYING OFFENSES UNDER SECTION 2304-C(B) OR WHO

HAS BEEN CONVICTED OF ONE OF THE FOLLOWING CRIMINAL

OFFENSES WITHIN THE PAST TWO YEARS:

(A) AN OFFENSE DESIGNATED AS A FELONY UNDER 18

PA.C.S. (RELATING TO CRIMES AND OFFENSES).

(B) AN OFFENSE DESIGNATED AS A FELONY UNDER THE

ACT OF APRIL 14, 1972 (P.L.233, NO.64), KNOWN AS THE

CONTROLLED SUBSTANCE, DRUG, DEVICE AND COSMETIC ACT.

COMMIT AN OFFENSE UNDER CLAUSE (A) OR (B).

(2) A CERTIFIED DRUG AND ALCOHOL RECOVERY HOUSE SHALL

REMOVE A HOUSE ADMINISTRATOR, AN OWNER, A DIRECTOR OR A CHIEF

FINANCIAL OFFICER IF THE CERTIFIED DRUG AND ALCOHOL RECOVERY

HOUSE KNOWS THAT THE INDIVIDUAL HAS BEEN CONVICTED OF ANY OF

THE OFFENSES UNDER PARAGRAPH (1)(V) WITHIN THE PAST TWO YEARS

AND SHALL NOTIFY THE DEPARTMENT OF THE REMOVAL. THE

DEPARTMENT SHALL REVIEW ANY DENIAL, SUSPENSION OR REVOCATION

UNDER THIS SUBSECTION IN LIGHT OF THE REMOVAL.

Section 2303-C. Advertisement.

No person may advertise to the public a drug and alcohol

recovery house as a certified drug and alcohol recovery house

unless the drug and alcohol recovery house has secured a

certificate of compliance under this article.

Section 2304-C. Criminal history record checks.

(a) Requirement.--

(1) An applicant for certification and AN OWNER, A

DIRECTOR, A CHIEF FINANCIAL OFFICER, AN employee or A

volunteer of a drug and alcohol recovery house must undergo a

criminal history record check.

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(2) An applicant who applies to the department for a

certificate shall include a criminal history record for every

OWNER, DIRECTOR, CHIEF FINANCIAL OFFICER, employee or

volunteer at the drug and alcohol recovery house.

(b) Disqualification.--

(1) No CERTIFIED drug and alcohol recovery house

administrator may hire a house administrator , DIRECTOR OR

CHIEF FINANCIAL OFFICER if the individual's criminal history

record indicates that the applicant INDIVIDUAL has been

convicted of one or more of the following offenses WITHIN THE

PAST TWO YEARS:

(I) AN OFFENSE DESIGNATED AS A FELONY UNDER 18

PA.C.S. (RELATING TO CRIMES AND OFFENSES).

(II) AN OFFENSE DESIGNATED AS A FELONY UNDER THE ACT

OF APRIL 14, 1972 (P.L.233, NO.64), KNOWN AS THE

CONTROLLED SUBSTANCE, DRUG, DEVICE AND COSMETIC ACT.

(III) ANY ATTEMPT, SOLICITATION OR CONSPIRACY TO

COMMIT AN OFFENSE UNDER SUBPARAGRAPH (I) OR (II).

(2) NO CERTIFIED DRUG AND ALCOHOL RECOVERY HOUSE MAY BE

OWNED BY AN INDIVIDUAL OR HIRE A HOUSE ADMINISTRATOR,

DIRECTOR OR CHIEF FINANCIAL OFFICER IF THE INDIVIDUAL'S

CRIMINAL HISTORY RECORD INDICATES THAT THE INDIVIDUAL HAS

BEEN CONVICTED OF ONE OR MORE OF THE FOLLOWING OFFENSES under

Title 18 (relating to crimes and offenses) 18 PA.C.S. or an

equivalent crime under Federal law or the law of another

state:

(i) Chapter 25 (relating to criminal homicide).

(ii) Section 2702 (relating to aggravated assault).

(iii) Section 2709.1 (relating to stalking).

(iv) Section 2901 (relating to kidnapping).

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(v) Section 2902 (relating to unlawful restraint).

(VI) SECTION 3001 (RELATING TO TRAFFICKING IN

INDIVIDUALS).

(VII) SECTION 3012 (RELATING TO INVOLUNTARY

SERVITUDE).

(vi) (VIII) Section 3121 (relating to rape).

(vii) (IX) Section 3122.1 (relating to statutory

sexual assault).

(viii) (X) Section 3123 (relating to involuntary

deviate sexual intercourse).

(ix) (XI) Section 3124.1 (relating to sexual

assault).

(x) (XII) Section 3125 (relating to aggravated

indecent assault).

(xi) (XIII) Section 3126 (relating to indecent

assault).

(xii) Section 3127 (relating to indecent exposure).

(XIV) SECTION 3301 (RELATING TO ARSON AND RELATED

OFFENSES).

(XV) SECTION 3701 (RELATING TO ROBBERY).

(XVI) A FELONY OFFENSE UNDER CHAPTER 41 (RELATING TO

FORGERY AND FRAUDULENT PRACTICES), WITH THE EXCEPTION OF

AN OFFENSE UNDER ANY OF THE FOLLOWING:

(A) SECTION 4101 (RELATING TO FORGERY).

(B) SECTION 4106 (RELATING TO ACCESS DEVICE

FRAUD).

(XVII) SECTION 4114 (RELATING TO SECURING EXECUTION

OF DOCUMENTS BY DECEPTION).

(xiii) (XVIII) Section 4302 (relating to incest).

(xiv) (XIX) Section 4303 (relating to concealing

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death of child).

(xv) (XX) Section 4304 (relating to endangering

welfare of children).

(xvi) (XXI) Section 4305 (relating to dealing in

infant children).

(XXII) SECTION 4952 (RELATING TO INTIMIDATION OF

WITNESSES OR VICTIMS).

(XXIII) SECTION 4953 (RELATING TO RETALIATION

AGAINST WITNESS, VICTIM OR PARTY).

(xvii) (XXIV) A felony offense under section 5902(b)

(relating to prostitution and related offenses).

(xviii) (XXV) Section 5903(c) or (d) (relating to

obscene and other sexual materials and performances).

(xix) (XXVI) Section 6301 (relating to corruption of

minors).

(xx) (XXVII) Section 6312 (relating to sexual abuse

of children).

(2) The attempt, solicitation or conspiracy to commit

any of the offenses under paragraph (1).

(XXVIII) THE ATTEMPT, SOLICITATION OR CONSPIRACY TO

COMMIT ANY OF THE OFFENSES UNDER THIS PARAGRAPH.

RECORD CHECK UNDER THIS SECTION SHALL BE THE RESPONSIBILITY OF

THE INDIVIDUAL WHO IS THE SUBJECT OF THE CRIMINAL HISTORY RECORD

CHECK.

Section 2305-C. House administrator.

(a) Competency.--A certified drug and alcohol recovery house

shall employ a house administrator who has the competency

necessary to respond on a timely basis to the needs of residents

and maintain property standards.

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(b) Establishment.--The department shall establish the

following in regard to a house administrator:

(1) Standards and criteria for the purpose of developing

and administering certification.

(2) Core competencies, certification requirements,

testing instruments and recertification requirements.

(3) A process to administer the certification,

application, award and maintenance processes.

(4) Minimum requirements of training, work experience,

supervision and a disciplinary process of certified persons.

(5) Application, certification and annual certification

renewal fees adequate to carry out the provisions of this

article .

administrator must pass a criminal history record check as

provided under section 2304-C.

(d) Termination.--Certification shall automatically

terminate if not renewed within one year after the date of

issuance.

(e) Ineligibility.--An individual whose criminal history

record indicates that the individual has been convicted of one

or more of the disqualifying offenses under section 2304-C(b)(1)

shall be ineligible to become a house administrator.

(f) Advertisement.--

(1) No individual may advertise himself or herself to

the public as a certified house administrator unless the

individual has secured a certificate of compliance under this

section.

(2) An individual who violates this subsection commits a

misdemeanor of the second degree.

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(G) MANAGEMENT.--A HOUSE ADMINISTRATOR MAY NOT ACTIVELY

MANAGE MORE THAN THREE DRUG AND ALCOHOL RECOVERY HOUSES AT THE

SAME TIME.

Section 2306-C. Standards.

(a) Contents.--The standards developed by the department

under this article shall address the following areas and shall

include, but not be limited to:

(1) Policies and procedures to ensure that, upon

admission, residents are informed of all certified drug and

alcohol recovery house rules, residency requirements and

lease agreements.

(2) Policies and procedures for the establishment and

maintenance of an accounting system that fully documents each

financial transaction, including each financial transaction

of each resident.

(3) Policies and procedures addressing the safety and

protection of each resident and the community.

(4) Policies that promote recovery by requiring resident

participation in treatment, self-help groups or other

recovery supports.

(5) Policies requiring abstinence from alcohol and other

drugs.

(6) Procedures regarding appropriate use and security of

medication.

(7) The maintenance of the property and the grounds in

which the certified drug and alcohol recovery house is

located, including, but not limited to, safety exits and the

installation of functioning smoke detectors and fire

extinguishers.

(8) General safety and emergency procedures, including

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provisions for fire drills and the evacuation and transfer of

residents and staff to a safe location, assignment of staff

during emergencies and notification to the department during

an emergency.

(9) Procedures, including referral agreements, to handle

relapse.

(b) (Reserved).

Section 2307-C. Code of ethics.

(a) Establishment.-- The department shall establish a code of

ethics for certified alcohol and drug recovery houses to satisfy

as a condition of employment. The code of ethics shall address,

but not be limited to, the following:

(1) The confidentiality of client-identifying

information.

(2) Knowledge of how to access treatment resources in

the community, including knowledge of the single county

authority and the authority's assessment and referral

protocol.

(3) Maintaining an alcohol-free and illicit drug-free

environment.

(4) The process for a resident to report an ethical or

standards violation.

(5) Prohibiting retribution, intimidation or any

negative consequences to a resident if a grievance or

complaint has been filed.

(6) Prohibiting an owner or house administrator from

directly or indirectly soliciting or accepting a commission,

fee or anything of monetary or material value from a

resident, other related individual, third-party entity or

referral source beyond specified rent established in writing

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at the time of residency.

(7) That no owner, house administrator or employee may

become personally involved with a resident's financial

affairs, including borrowing or lending money, buying or

selling property or any other financial transactions.

(8) THAT NO OWNER, HOUSE ADMINISTRATOR OR EMPLOYEE MAY

REQUIRE A RESIDENT TO SIGN OVER ANY PUBLIC ASSISTANCE

BENEFITS, INCLUDING, BUT NOT LIMITED TO, MEDICAL ASSISTANCE,

CASH ASSISTANCE AND FOOD STAMPS.

(8) (9) That no owner, house administrator or employee

may offer, pay, solicit or receive a commission, bonus or

rebate, directly or indirectly, in cash or in-kind, or engage

in a split-fee arrangement, in any form, for any of the

following:

(i) to induce the referral of patients or patronage

to or from a health care provider or health care facility

or other third-party entity; or

(ii) in return for the acceptance or acknowledgment

of services from a health care provider, health care

facility or third-party entity.

(b) Posting.--The Code of Ethics shall be posted on the

department's publicly accessible Internet website.

Section 2308-C. Registry.

(a) Duty to establish.--The department shall establish and

maintain a registry of all certified drug and alcohol recovery

houses in this Commonwealth.

(b) Referrals.--Providers of drug and alcohol treatment

programs and public agencies that provide drug and alcohol

treatment services may only refer clients to a certified drug

and alcohol recovery house.

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(B) POSTING.--THE REGISTRY SHALL BE POSTED ON THE

DEPARTMENT'S PUBLICLY ACCESSIBLE INTERNET WEBSITE.

Section 2309-C . Funding.

No drug and alcohol recovery house may receive funding from

the department or a State agency without certification.

Section 2310-C . Violations.

(A) ADMINISTRATIVE PENALTY.-- If the department determines a

CERTIFIED drug and alcohol recovery house is not in compliance

with this article, the department may impose an administrative

penalty of up to $1,000 per day against the drug and alcohol

recovery house.

(B) REFERRAL.--IF THE DEPARTMENT DETERMINES A DRUG AND

ALCOHOL RECOVERY HOUSE IS NOT IN COMPLIANCE WITH THIS ARTICLE

DUE TO AN ALLEGED VIOLATION OF ANY FEDERAL, STATE OR LOCAL LAW,

THE DEPARTMENT SHALL REFER THE MATTER TO THE APPROPRIATE AGENCY

FOR INVESTIGATION.

Section 2311-C . Certified Drug and Alcohol Recovery House Fund

Account.

The Certified Drug and Alcohol Recovery House Fund Account is

established as a restricted account in the State Treasury. Each

fine and fee collected under this article shall be deposited

into the account. Funds in the account shall be utilized for the

enforcement of this article.

SECTION 2312-C. COMPLIANCE WITH OTHER LAWS.

NOTHING IN THIS ACT SHALL PREVENT OR OTHERWISE RESTRICT A

DRUG AND ALCOHOL RECOVERY HOUSE FROM COMPLYING WITH THE

AMERICANS WITH DISABILITIES ACT OF 1990 (PUBLIC LAW 101-336, 104

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

Section 2312-C 2313-C . Regulations.

The department shall promulgate regulations to administer

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this article . AND SHALL CONSIDER DEVELOPING WAYS TO ENCOURAGE

THE REFERRAL TO DRUG AND ALCOHOL RECOVERY HOUSES THAT ARE IN

FULL COMPLIANCE WITH THIS ARTICLE.

Section 2. This act shall take effect in 60 days SIX MONTHS.

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