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A01620
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
446
Session of
2017
INTRODUCED BY McGARRIGLE, YAW, SCARNATI, RESCHENTHALER, MARTIN,
TOMLINSON, TARTAGLIONE, FOLMER, KILLION, WARD, VULAKOVICH,
BARTOLOTTA, BROWNE, BREWSTER AND WAGNER, MARCH 2, 2017
REFERRED TO URBAN AFFAIRS AND HOUSING, MARCH 2, 2017
AN ACT
Amending Title 68 (Real and Personal Property) of the
Pennsylvania Consolidated Statutes, providing for drug and
alcohol recovery houses and establishing the Drug and Alcohol
Recovery House Fund.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 68 of the Pennsylvania Consolidated
Statutes is amended by adding a chapter to read:
CHAPTER 57
DRUG AND ALCOHOL RECOVERY HOUSES
Sec.
5701. Definitions.
5702. Powers and duties of department.
5703. Regulations for certification of drug and alcohol
recovery houses.
5704. Funding.
5705. Licensure or certification.
5706. Registry.
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5707. Violations.
5708. Restricted account.
5709. Compliance with other laws.
§ 5701. Definitions.
The following words and phrases when used in this chapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Department." The Department of Drug and Alcohol Programs of
the Commonwealth.
"Drug and alcohol recovery house." Housing for individuals
recovering from drug or alcohol addiction, which provides those
individuals with a safe and supportive drug and alcohol-free
environment, peer support and other recovery support services
that may include coordination of treatment services.
§ 5702. Powers and duties of department.
The department shall certify drug and alcohol recovery houses
directly or through a contracted entity, as defined by
department guidelines, which shall adhere to National Alliance
for Recovery Residences standards with modifications deemed
necessary by the department. All referrals from State agencies
or State-funded facilities shall be to licensed or certified
drug and alcohol recovery houses, and only licensed or certified
recovery houses may be eligible to receive Federal or State
funding to deliver drug and alcohol recovery housing services.
§ 5703. Regulations for certification of drug and alcohol
recovery houses.
(a) Regulations.--The department may promulgate regulations
for the licensure or certification of drug and alcohol recovery
houses that receive funds or referrals from the department, or a
Federal, State or other county agency, to ensure that the drug
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and alcohol recovery houses provide a safe environment for
residents. The regulations may include, but not be limited to,
the following:
(1) Upon admission, ensuring that residents are informed
of all drug and alcohol recovery house rules, residency
requirements and lease agreements.
(2) Policies and procedures for management of all funds
received and expended by the drug and alcohol recovery house
in accordance with standard accounting practices, including
funds received from or managed on behalf of residents of the
house.
(3) Policies and procedures addressing the safety and
protection of residents.
(4) Policies that promote recovery by requiring resident
participation in treatment, self-help groups or other
recovery supports.
(5) Policies requiring abstinence from alcohol and other
illicit drugs.
(6) Procedures regarding appropriate use and security of
medication.
(7) The maintenance of the property in which the drug
and alcohol recovery house is located, including, but not
limited to, the installation of functioning smoke detectors,
carbon monoxide detectors and fire extinguishers.
(b) Temporary regulations.--In order to facilitate the
prompt implementation of this chapter, regulations promulgated
by the department shall be deemed temporary regulations that
shall not expire for a period of three years following
publication. Temporary regulations shall not be subject to:
(1) Sections 201, 202, 203, 204 and 205 of the act of
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July 31, 1968 (P.L.769, No.240), referred to as the
Commonwealth Documents Law.
(2) Sections 204(b) and 301(10) of the act of October
15, 1980 (P.L.950, No.164), known as the Commonwealth
Attorneys Act.
(3) The act of June 25, 1982 (P.L.633, No.181), known as
the Regulatory Review Act.
(c) Expiration of authority.--The authority of the
department to promulgate temporary regulations under subsection
(b) shall expire three years after the effective date of this
section. Regulations adopted after this period shall be
promulgated as provided by law.
§ 5704. Funding.
A drug and alcohol recovery house or other recovery house
shall not be authorized to provide services or receive funding
from the department or any Federal, State or county agency
without licensure or certification.
§ 5705. Licensure or certification.
(a) Time period.--Licensure or certification shall last for
a period of two years.
(b) Compliance of existing drug and alcohol recovery
houses.--A drug and alcohol recovery house in existence on the
effective date of this section may be deemed licensed or
certified by the department after inspection and if the drug and
alcohol recovery house provides documentation to the department
within 180 days after the promulgation of regulations by the
department that it is in compliance with the regulations
promulgated by the department .
(c) Fee.--The department shall establish a fee to be paid by
each drug and alcohol recovery house adequate to carry out the
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provisions of this chapter.
§ 5706. Registry.
The department shall create and maintain a publicly
accessible registry on its publicly accessible Internet website
of all licensed or certified drug and alcohol recovery houses
within this Commonwealth, which shall be updated annually by the
department.
§ 5707. Violations.
A person owning a drug and alcohol recovery house that is
funded, in whole or in part, with funding from the department,
or a Federal, other State or county agency, that has failed to
attain or maintain licensure or certification of a drug and
alcohol recovery house and has not been licensed or certified by
the department shall pay a fine of $1,000 for each violation.
§ 5708. Restricted account.
All fines and fees collected shall be deposited into a
restricted account in the department which is established and
shall be known as the Drug and Alcohol Recovery House Fund.
Money in this account is to be utilized for the enforcement of
this chapter.
§ 5709. Compliance with other laws.
In order to receive and maintain licensure or certification,
all drug and alcohol recovery houses must be in compliance with
all Federal, State and local ordinances. Failure to comply or
remain in compliance shall result in loss of licensure or
certification and removal from the registry.
Section 2. This act shall take effect in 120 days.
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