PRINTER'S NO. 124
No. 140 Session of 1999
INTRODUCED BY CASORIO, TANGRETTI, M. COHEN, VAN HORNE, BELARDI,
WOJNAROSKI, YOUNGBLOOD, MELIO, READSHAW, SOLOBAY, LEDERER,
TRUE, MUNDY, PESCI, BEBKO-JONES, CAPPABIANCA, LAUGHLIN,
KENNEY, HALUSKA, ROBINSON, MARKOSEK, TRELLO, TRAVAGLIO,
TRICH, C. WILLIAMS, HARHAI, SHANER AND PETRARCA,
JANUARY 26, 1999
REFERRED TO COMMITTEE ON HEALTH AND HUMAN SERVICES,
JANUARY 26, 1999
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,
12 boards, commissions, and officers; fixing the salaries of the
13 Governor, Lieutenant Governor, and certain other executive
14 and administrative officers; providing for the appointment of
15 certain administrative officers, and of all deputies and
16 other assistants and employes in certain departments, boards,
17 and commissions; and prescribing the manner in which the
18 number and compensation of the deputies and all other
19 assistants and employes of certain departments, boards and
20 commissions shall be determined," further providing for the
21 powers and duties of the Department of Health in relation to
22 methadone maintenance facilities.
23 The General Assembly of the Commonwealth of Pennsylvania
24 hereby enacts as follows:
25 Section 1. The act of act of April 9, 1929 (P.L.177,
1 No.175), known as The Administrative Code of 1929, is amended by
2 adding a section to read:
3 Section 2126. Methadone Maintenance Facilities.--(a) The
4 Department of Health shall refuse any application for a new
5 license for a methadone maintenance facility if:
6 (1) the facility is or would be within two thousand five
7 hundred feet of any church, charitable institution, school or
8 public playground; or
9 (2) in the opinion of the department the facility is or
10 would be detrimental to the health, welfare, peace or morals of
11 the inhabitants of the neighborhood within a radius of two
12 thousand five hundred feet of the licensed facility.
13 (b) (1) Owners and operators of methadone maintenance
14 facilities licensed by the department shall require prospective
15 employes to submit with their employment application, pursuant
16 to 18 Pa.C.S. Ch. 91 (relating to criminal history record
17 information), a report of criminal history record information
18 from the Pennsylvania State Police or a statement from the
19 Pennsylvania State Police that their central repository contains
20 no such information relating to that person. This criminal
21 history record information shall be limited to that which is
22 disseminated pursuant to 18 Pa.C.S. § 9121(b)(2) (relating to
23 general regulations) and shall be no more than one year old. An
24 applicant may submit a copy of the required information with the
25 application for employment. Administrators shall maintain a copy
26 of the required information and shall require each applicant to
27 produce the original document prior to employment. All current
28 employes must obtain this report within six months from the
29 effective date of this section in order to remain an employe of
30 the facility.
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1 (2) This subsection shall apply to all current and
2 prospective employes of methadone maintenance facilities
3 licensed by the Department of Health.
4 (c) The department shall promulgate regulations to implement
5 this section.
6 (d) For the purposes of this section, the term "methadone
7 maintenance facility" shall refer to any site the primary
8 purpose of which is to conduct projects approved by the
9 department which use the drug methadone in the treatment,
10 maintenance or detoxification of persons. Such facilities shall
11 comply with all applicable Federal and State regulations
12 concerning the administration, dispensing and storage of
13 methadone. The provisions of this section shall be in addition
14 to all other Federal and State requirements governing the
15 operation of methadone projects.
16 Section 2. This act shall take effect in 60 days.
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