PRIOR PRINTER'S NO. 939 PRINTER'S NO. 1490
No. 850 Session of 1971
INTRODUCED BY MR. BERKES, MRS. CRAWFORD, MRS. ANDERSON, MESSRS.
GREENFIELD, SCANLON, MILLER, SAVITT, J. H. HAMILTON,
GALLAGHER, KNEPPER, BRAIG, R. W. WILT, MELTON, FEE, MRS.
KELLY, MESSRS. BELLOMINI, DOMBROWSKI, DeMEDIO, O'PAKE, BLAIR,
D. S. HAYES, PIEVSKY, FINEMAN, ENGLEHART, MRS. FAWCETT,
MESSRS. HUTCHINSON, RITTER, O'BRIEN, KURY, WANSACZ, MALADY,
COMER, DAGER, TAYLOR, HASKELL, ZORD, MEBUS, F. M. ALLEN,
WRIGHT, PIPER, WISE, HETRICK, PRENDERGAST, GELFAND, LAUDADIO,
BONETTO, SHELHAMER, LETTERMAN, HOPKINS, H. S. PARKER, STONE,
B. L. PARKER, PEZAK, SHERMAN, BARBER, J. JOHNSON, DOYLE,
CESSAR, KELLY, FRANK, LUTTY, E. B. DAVIS, ARTHURS, CROWLEY,
RAPPAPORT, RIEGER, KOWALYSHYN, MRS. TOLL, MESSRS. BERSON,
HALVERSON, R. O. DAVIS, WOJDAK, SCHMITT, ZELLER, MEHOLCHICK,
MANDERINO, HOVIS, EARLY, McMONAGLE, BENNETT, KLEPPER,
DREIBELBIS, PERRY, MORRIS, YAHNER, KLUNK, GLEESON, STEMMLER,
NEEDHAM, D. M. DAVIS, WEIDNER, SCIRICA, MARTINO, LEDERER,
COPPOLINO, SULLIVAN, GEISLER, CAPUTO, WILLIAMS, SHUPNIK,
KOLTER, COYNE AND M.M. MULLEN, MAY 3, 1971
AS REPORTED FROM COMMITTEE ON APPROPRIATIONS, HOUSE OF
REPRESENTATIVES, AS AMENDED, JUNE 29, 1971
AN ACT
1 Establishing the Governor's Council On Drug, Narcotic and
2 Alcohol Abuse; imposing duties on the council to develop and
3 coordinate a comprehensive health, education and
4 rehabilitation program for the prevention and treatment of
5 drug and alcohol abuse and drug and alcohol dependence;
6 providing for short term civil commitment for emergency
7 medical treatment; providing for pretrial detention for
8 treatment in certain cases; providing for civil commitment
9 for treatment of drug and alcohol dependence, repealing an
10 act; making appropriations and providing penalties. <--
11 The General Assembly of the Commonwealth of Pennsylvania
12 hereby enacts as follows:
13 Section 1. Short Title.--This act shall be known and may be
1 cited as the "Pennsylvania Drug, Narcotic and Alcohol Abuse
2 Control Act of 1971."
3 Section 2. Definitions:
4 (1) The definitions contained and used in "The Drug, Device
5 and Cosmetic Act of 1971," shall also apply for the purposes of
6 this act.
7 (2) "Council" means the Governor's Council On Drug, Narcotic
8 and Alcohol Abuse established by this act.
9 (3) "Director" means the Executive Director of the
10 Governor's Council On Drug, Narcotic and Alcohol Abuse appointed
11 pursuant to this act.
12 (4) "Drug abuser" means any person who uses any controlled
13 drug, controlled dangerous substance or alcohol under
14 circumstances that constitute a violation of the law.
15 (5) "Drug dependent person" means a person who is using a
16 controlled drug, controlled dangerous substance or alcohol, and
17 who is in a state of psychic or physical dependence, or both,
18 arising from administration of that drug, substance or alcohol
19 on a continuing basis. Such dependence is characterized by
20 behavioral and other responses which include a strong compulsion
21 to take the drug, substance or alcohol on a continuous basis in
22 order to experience its psychic effects, or to avoid the
23 discomfort of its absence. An alcoholic is a drug dependent
24 person who is dependent on alcohol.
25 (6) "Drug related offense" means any criminal offense
26 committed by a dependent person as herein defined: (i) to
27 satisfy his dependence or to obtain funds to satisfy his
28 dependence; or (ii) while under and as a result of the influence
29 of a controlled drug or controlled dangerous substance:
30 Provided, That the term shall not include criminal offenses
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1 committed while under and as a result of the influence of
2 alcohol.
3 (7) "Emergency medical services" includes all appropriate
4 short term services for the acute effects of abuse and
5 dependence which: (i) are available twenty-four hours a day;
6 (ii) are community based and located so as to be quickly and
7 easily accessible to patients; (iii) are affiliated with and
8 constitute an integral (but not necessarily physical) part of
9 the general medical services of a general hospital; and (iv)
10 provide drug and alcohol withdrawal and other appropriate
11 medical care and treatment, professional examination, diagnosis,
12 and classification with respect to possible dependence, and
13 referral for other treatment and rehabilitation.
14 (8) "Government attorney" means an attorney authorized to
15 represent the Commonwealth or any political subdivision thereof
16 with respect to this act.
17 (9) "Inpatient services" includes all treatment and
18 rehabilitation services for drug and alcohol abuse and
19 dependence provided for a resident patient while he spends part
20 time in a treatment institution (including but not limited to a
21 rehabilitative center, half-way house, hostel or foster home)
22 which is community based and located so as to be quickly and
23 easily accessible to patients.
24 (10) "Outpatient services" includes all treatment and
25 rehabilitation services (including but not limited to clinics,
26 social centers, vocational rehabilitational services, welfare
27 centers, and job referral services) for drug and alcohol abuse
28 and dependence provided while the patient is not a resident of a
29 treatment institution, which are community based and located so
30 as to be quickly and easily accessible to patients.
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1 (11) "Prevention and treatment" includes all appropriate
2 forms of educational programs and services (including but not
3 limited to radio, television, films, books, pamphlets, lectures,
4 adult education and school courses); planning, coordinating,
5 statistical, research, training, evaluation, reporting,
6 classification, and other administrative, scientific or
7 technical programs or services; and screening, diagnosis,
8 treatment (emergency medical care, inpatient, intermediate care
9 and outpatient), vocational rehabilitation, job training and
10 referral, and other rehabilitation programs or services.
11 (12) "Courts" includes all courts located in the
12 Commonwealth of Pennsylvania, including magistrates and justices
13 of the peace.
14 (13) "Medical officer" means a physician, approved by the
15 council and appointed by the court to perform the functions
16 herein set forth.
17 Section 3. Council Established.--(a) There is hereby
18 established a Governor's Council On Drug, Narcotic and Alcohol
19 Abuse which shall develop, plan and administer a comprehensive
20 health, education and rehabilitation program for the prevention
21 and treatment of drug and alcohol abuse and dependence. To the
22 greatest possible extent the council shall make use of existing
23 programs in existing governmental agencies except that the
24 council may initiate its own programs whenever it deems it
25 necessary to carry out the provisions of this act.
26 (b) The council shall be composed as follows:
27 The Governor, who shall serve as chairman of the council,
28 The Attorney General,
29 The Secretary of Health,
30 The Secretary of Public Welfare,
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1 The Secretary of Administration,
2 The Secretary of Education,
3 The Secretary of Labor and Industry,
4 The Secretary of Community Affairs,
5 The Executive Director of the Pennsylvania Crime Commission,
6 The Commissioner of the Pennsylvania State Police,
7 The Chairman of the Board of Probation and Parole,
8 The Chairman of the Pharmacy Board,
9 The President Pro Tempore of the Senate,
10 The Speaker of the House of Representatives,
11 The Minority Leader of the Senate,
12 The Minority Leader of the House of Representatives.
13 (c) A majority of the members shall constitute a quorum for
14 the purpose of conducting the business of the council, and
15 exercising all of its powers. Any member shall have the right to
16 designate another person to act in his place and such designee
17 shall be counted in any determination of a quorum. A vote of the
18 majority of the members or designees present shall be sufficient
19 for all actions of the council.
20 (d) The council shall have the power to prescribe, amend and
21 repeal bylaws, rules and regulations governing the manner in
22 which the business of the body is conducted and the manner in
23 which the powers granted to it are exercised. The council may
24 delegate supervision of the administration of council activities
25 to an executive director and such other employes as the chairman
26 shall appoint. Any or all of the responsibilities of the council
27 may be delegated to the director or other designated staff
28 members.
29 (e) The council shall have the power and its duty shall be:
30 (1) To coordinate the efforts of all State agencies in the
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1 control, prevention, treatment, rehabilitation, research, and
2 training aspects of the drug and alcohol abuse and dependence
3 problems within the Commonwealth of Pennsylvania.
4 (2) To initiate new programs and develop a master State plan
5 for the control, prevention, treatment, rehabilitation, research
6 and training aspects of drug and alcohol abuse problems. Also,
7 to coordinate the efforts of the Commonwealth with those of the
8 Federal and local governments as well as private agencies.
9 (3) To identify and, when possible, resolve inconsistencies
10 and duplications in the efforts of State agencies with respect
11 to the various aspects of the drug and alcohol abuse and
12 dependence.
13 (4) To collect, organize, and evaluate educational programs
14 and materials dealing with drug or alcohol abuse, dependence and
15 related problems.
16 (5) To distribute the evaluations to local communities, and
17 interested groups or individuals.
18 (6) To acquire and disseminate, to the extent that is
19 feasible, evaluated material which is considered most effective.
20 (7) To take all other actions that will improve or
21 contribute to the Commonwealth's response to the problems of
22 drug and alcohol abuse and dependence.
23 (f) The council shall have the power to do all things
24 necessary or convenient to carry out the powers granted to it by
25 this act.
26 (g) The council may, for the authentication of its records,
27 process and proceedings, adopt, keep and use a common seal of
28 which seal judicial notice shall be taken in all courts of this
29 Commonwealth and any process, writ, notice or other document,
30 which the council may be authorized by law to issue, shall be
19710H0850B1490 - 6 -
1 deemed sufficient if signed by the chairman or secretary of the
2 council and authenticated by such seal. All acts, proceedings,
3 orders, papers, findings, minutes and records of the council and
4 all reports and documents filed with the council, may be proved
5 in any court of this Commonwealth by a copy thereof certified to
6 by the chairman or secretary of the council with the seal of the
7 council attached.
8 (h) In order to enable the council to carry out the
9 provisions of this act, on various matters, it shall have the
10 power to issue subpoenas, requiring the attendance and testimony
11 of, or the production of, pertinent books and papers by persons
12 whom the council believes to have information, books or papers
13 of importance to it in carrying out the purposes and intent of
14 this act. Each member of the council and such officers, employes
15 or others employed in the work of the council designated by the
16 chairman of the council also shall have the power to administer
17 oaths and affirmations, to question witnesses thereunder, and to
18 examine such books and papers. The council may issue
19 commissions, letters rogatory, or other appropriate processes
20 outside the Commonwealth.
21 (i) Any person who refuses to obey a subpoena issued
22 hereunder, or to be sworn or affirmed, or to testify, or who is
23 guilty of any contempt after summons to appear, may be punished
24 as for contempt of court. For this purpose an application may be
25 made by the council to the court of common pleas within the
26 territorial jurisdiction of which the offense was committed, for
27 which purpose, such court is hereby given jurisdiction.
28 (j) The programs and services of the council shall be
29 staffed with an adequate number of personnel, who shall possess
30 appropriate qualifications and competence, and some of whom may
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1 formerly have been drug abusers or drug dependent persons or
2 alcoholics. Prior criminal arrests or convictions shall not be a
3 bar to such employment.
4 The council is authorized to establish an administrative unit
5 or units for the purpose of enforcing the provisions of this act
6 and to employ such consultants, assistants, stenographers,
7 inspectors, clerks and other employes as, in its opinion, may be
8 necessary and to fix their compensation subject to the act of
9 April 9, 1929 (P.L.177), known as "The Administrative Code of
10 1929," as amended.
11 (k) (1) The council shall have the authority to promulgate
12 in accordance with the provisions of this section any
13 regulations hereinbefore referred to in this act and such other
14 regulations regarding the possession, sale, purchase or
15 manufacture of drugs, devices or cosmetics as may be necessary
16 to aid in the enforcement of this act.
17 (2) (i) Prior to the promulgation, amendment or repeal of
18 any regulation under this act the council shall give at least
19 thirty days public notice of its proposed action, and shall
20 afford all interested persons an opportunity to present their
21 views thereon either orally or in writing. As soon as
22 practicable thereafter, the council shall either withdraw such
23 proposal or shall promulgate the proposed regulation; (ii) any
24 person aggrieved by the promulgation, amendment or repeal of a
25 regulation, or by the refusal to promulgate, amend or repeal a
26 regulation, may file objections with the council specifying,
27 with particularity, the reason why such action is deemed
28 objectionable and the grounds for such objection. As soon as
29 possible after the filing of objections, the council shall hold
30 a public hearing for the purpose of receiving evidence relevant
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1 to such objections. As soon as practicable after completion of
2 hearings, the council shall issue an appropriate order either
3 confirming, modifying or withdrawing the regulation in question;
4 (iii) any party to proceedings, conducted pursuant to subclause
5 (ii) hereof, aggrieved by the order of the council, shall have a
6 right of appeal in accordance with the provisions of the
7 "Administrative Agency Law," and such order shall be deemed an
8 "adjudication" as that term is defined and used in the
9 "Administrative Agency Law."
10 (l) The "Administrative Agency Law" shall be applicable in
11 its entirety in the administration of this act.
12 Section 4. Administrative Function of the Council.--It shall
13 be the duty of the council with respect to its administrative
14 functions to:
15 (1) Administer services and programs relating to the
16 prevention and treatment of drug and alcohol abuse and
17 dependence in this Commonwealth in accordance with this act;
18 (2) Administer the program for treatment and rehabilitation
19 of criminal offenders established under this act;
20 (3) Review and provide in writing an evaluation of the
21 adequacy and appropriateness of the provisions relating to the
22 prevention and treatment of drug and alcohol abuse and
23 dependence of all comprehensive local health, welfare, and
24 rehabilitation plans submitted to the council pursuant to this
25 act;
26 (4) Administer the grants and contracts authorized under
27 this act; and
28 (5) Administer any other service or program, or take any
29 other action, consistent with the intent and objectives of this
30 act.
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1 Section 5. Planning Functions of the Council.--It shall be
2 the duty of the council with respect to its planning functions
3 to:
4 (1) Develop a detailed and comprehensive drug and alcohol
5 abuse and dependence control plan to implement the objectives
6 and policies of this act. The plan shall be submitted to the
7 General Assembly as soon as practicable, but not later than one
8 year after the enactment date of this act. It shall be reviewed
9 annually and submitted to the General Assembly with any
10 appropriate revisions as part of the council's annual report.
11 The council shall, in developing the comprehensive plan, consult
12 and collaborate with all appropriate Federal and State and local
13 departments, boards, agencies and governmental units, and with
14 appropriate public and private nonprofit agencies, institutions,
15 and organizations. The plan shall specify how all available
16 health, welfare, educational, and rehabilitation resources
17 available to the Commonwealth, and how funds, programs,
18 services, and facilities authorized under existing legislation,
19 are to be utilized;
20 (2) Develop model drug and alcohol abuse and dependence
21 control plans for local governments, utilizing the concepts
22 incorporated in the comprehensive plan. The model plans shall be
23 reviewed on a periodic basis and revised to keep them current.
24 They shall specify how all types of community resources and
25 existing Federal and Commonwealth legislation may be utilized;
26 and
27 (3) Provide assistance and consultation to local
28 governments, public and private nonprofit agencies,
29 institutions, and organizations, and individuals with respect to
30 the prevention and treatment of drug and alcohol abuse and
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1 dependence.
2 Section 6. Coordination Functions of the Council.--It shall
3 be the duty of the council with respect to its coordinating
4 functions to:
5 (1) Assist all Commonwealth departments and agencies in the
6 development and maintenance of appropriate prevention, treatment
7 and rehabilitation programs and services for drug and alcohol
8 abuse and dependence;
9 (2) Serve in a consulting capacity to all courts,
10 departments, and agencies, including those responsible for
11 programs affected by this act, and to be responsible for
12 assisting in the development and coordination of a full range of
13 programs, facilities, and services available to them for
14 education, diagnosis, counseling, and treatment with respect to
15 the drug and alcohol abuse and dependence problems they
16 encounter;
17 (3) Coordinate all health and rehabilitation efforts to deal
18 with the problem of drug and alcohol abuse and dependence,
19 including but not limited to those relating to vocational
20 rehabilitation, manpower development and training, older
21 citizens, law enforcement assistance, health research
22 facilities, mental retardation facilities and community mental
23 health centers, juvenile delinquency, health professions,
24 educational assistance, hospital and medical facilities, social
25 security, community health services, education professions
26 development, higher education, Commonwealth employes health
27 benefits, economic opportunity, comprehensive health planning,
28 elementary and secondary education, highway safety and the civil
29 service laws;
30 (4) Encourage and assist local government programs and
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1 services, and programs and services of public and private
2 nonprofit agencies, institutions, and organizations, for the
3 prevention and treatment of drug and alcohol abuse and
4 dependence;
5 (5) Stimulate more effective use of existing resources and
6 available services for the prevention and treatment of drug and
7 alcohol abuse and dependence;
8 (6) Assist local governments in coordinating programs among
9 themselves for the prevention and treatment of drug and alcohol
10 abuse and dependence; and
11 (7) Cooperate with organized medicine to disseminate medical
12 guidelines for the use of controlled drugs and dangerous
13 substances in medical practice. A practitioner may prescribe,
14 administer, or dispense a controlled drug or dangerous substance
15 in the course of his professional practice: (i) in good faith
16 within the scope of the patient relationship, and (ii) in
17 accordance with principles of medical care and treatment
18 accepted by a responsible segment of the medical profession.
19 Section 7. Statistical Functions of the Council.--It shall
20 be the duty of the council with respect to its statistical
21 functions to:
22 (1) Gather and publish statistics pertaining to drug and
23 alcohol abuse and dependence, and related problems; and
24 (2) Promulgate regulations, with the approval of the
25 chairman, specifying uniform statistics to be obtained, records
26 to be maintained, and reports to be submitted, by public and
27 private departments, agencies, organizations, practitioners, and
28 other persons with respect to drug and alcohol abuse and
29 dependence, and related problems. Such statistics and reports
30 shall not reveal the identity of any patient or drug or alcohol
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1 dependent person or other confidential information.
2 Section 8. Research Functions of the Council.--It shall be
3 the duty of the council with respect to its research functions
4 to:
5 (1) Conduct and encourage all forms of research,
6 investigations, experiments, and studies relating to the cause,
7 epidemiology, sociological aspects, prevention, diagnosis, and
8 treatment of drug and alcohol abuse and dependence;
9 (2) Conduct, and encourage and assist others to conduct, all
10 forms of research, investigations, experiments, and studies
11 relating to the toxicology, pharmacology, chemistry, effects on
12 the health of drug and alcohol abusers, and danger to the public
13 health, of alcohol and controlled drugs and dangerous
14 substances. Investigation of the use of alcohol or any
15 controlled drug or dangerous substance for therapeutic,
16 research, experimental, or other investigational purposes
17 pursuant to this section shall be by a practitioner or other
18 qualified investigator, and in compliance with the requirements
19 and the law of this Commonwealth. Any such investigation may be
20 prohibited, delayed or terminated only on the grounds that the
21 investigator has materially falsified any application required
22 to be filed prior to the investigation, or has been convicted of
23 a felony under any law relating to controlled dangerous
24 substances, or has had his registration suspended or revoked and
25 is no longer authorized by law to engage in the dispensing or
26 administration of controlled dangerous substances, or fails to
27 establish adequate procedures to account for dangerous
28 controlled substances or to safeguard adequately his supply of
29 such drugs against diversion from legitimate investigational
30 use;
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1 (3) Coordinate research conducted by the council with
2 research conducted by other State agencies, public and private
3 nonprofit agencies, institutions, and organizations, and
4 individuals. To facilitate this activity, the council shall
5 establish and maintain a complete and current register of all
6 practitioners and other qualified investigators engaged in any
7 form of or research on alcohol or controlled drugs or dangerous
8 substances. Placement on such register shall be pursuant to an
9 application to the council which shall state: (i) the name,
10 address, and qualifications of the applicant, (ii) the
11 procedures used to account for dangerous controlled substances
12 and to safeguard such substances adequately against diversion
13 from legitimate investigational use, and (iii) an outline of the
14 investigation. Placement on such register may be denied only for
15 cause, and shall constitute registration for purposes of "The
16 Drug, Device and Cosmetic Act of 1971," but shall not authorize
17 the dispensing or administration of alcohol or controlled drugs
18 or dangerous substances to human beings except by persons
19 licensed or otherwise permitted to dispense or administer such
20 substances under applicable State laws;
21 (4) Make available research facilities and resources of the
22 council to appropriate authorities, health officials, and
23 individuals engaged in investigations or research related to the
24 purposes of this act. Such resources shall include the
25 maintenance of an adequate supply of alcohol and controlled
26 drugs and dangerous substances for investigational and research
27 purposes, and the establishment of criteria pursuant to which
28 any registered investigator is to be authorized to manufacture
29 or otherwise acquire sufficient alcohol, controlled drugs or
30 dangerous substances for his legitimate investigational and
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1 research needs;
2 (5) Make grants to, and contracts with, universities,
3 hospitals, laboratories and public and private nonprofit
4 agencies, institutions, and organizations, and individuals for
5 such research;
6 (6) Establish an information center on such research, which
7 will gather and contain all available published and unpublished
8 data and information. All Commonwealth departments and agencies
9 shall send to the council any unpublished data and information
10 pertinent to the cause, prevention, diagnosis, and treatment of
11 drug and alcohol abuse and dependence, and the toxicology,
12 pharmacology, effects on the health of drug and alcohol abusers,
13 and danger to the public health of alcohol and controlled drugs
14 and dangerous substances, and the council shall make such data
15 and information widely available;
16 (7) Investigate methods for the more precise detection and
17 determination of alcohol and narcotic drugs in urine and blood
18 samples, and by other means, and publish on a current basis
19 uniform methodology for such detections and determinations; and
20 (8) Evaluate existing and proposed new programs and services
21 for the prevention and treatment of drug and alcohol abuse and
22 dependence.
23 Any information obtained through investigation or research
24 conducted pursuant to this section shall be used in ways so that
25 no name or identifying characteristics of any person shall be
26 divulged without the approval of the council and the consent of
27 the person concerned. Persons engaged in research pursuant to
28 this section shall protect the privacy of individuals who are
29 the subject of such research by withholding from all persons not
30 connected with the conduct of such research the names or other
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1 identifying characteristics of such individuals. Persons engaged
2 in such research shall protect the privacy of such individuals
3 and may not be compelled in any Federal, State, civil, criminal,
4 administrative, legislative, or other proceeding to identify
5 such individuals.
6 Section 9. Training Functions of the Council.--It shall be
7 the duty of the council with respect to its training functions
8 to:
9 (1) Establish training programs for professional and
10 nonprofessional personnel with respect to drug and alcohol abuse
11 and dependence;
12 (2) Encourage the establishment of training courses for
13 professional and nonprofessional personnel by local governments
14 with respect to drug and alcohol abuse and dependence; and
15 (3) Establish and maintain training fellowships in the
16 council and elsewhere, and provide for such fellowships through
17 grants to public and private nonprofit agencies, institutions
18 and organizations.
19 Section 10. Educational Functions of the Council.--It shall
20 be the duty of the council with respect to its educational
21 functions to:
22 (1) Develop a model curriculum, including the provision of
23 relevant data and other information, for utilization by
24 elementary and secondary schools for instructing children about
25 drug and alcohol abuse and dependence;
26 (2) Develop a model curriculum, including the provision of
27 relevant data and other information, for utilization by parent-
28 teachers' associations, adult education centers, private citizen
29 groups, or other State or local sources, for instruction of
30 parents and other adults about drug and alcohol abuse and
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1 dependence;
2 (3) Prepare a broad variety of educational material for use
3 in all media and to reach all segments of the population, that
4 can be utilized by public and private agencies, institutions,
5 and organizations in educational programs with respect to drug
6 and alcohol abuse and dependence;
7 (4) Establish educational courses, including the provision
8 of relevant data and other information, on the causes and
9 effects of, and treatment for, drug and alcohol abuse and
10 dependence, for law enforcement officials (including prosecuting
11 attorneys, court personnel, the judiciary, probation and parole
12 officers, correctional officers, and other law enforcement
13 personnel), welfare, vocational rehabilitation, and other State
14 and local officials who come in contact with drug and alcohol
15 abuse and dependence problems;
16 (5) Develop educational courses, including the provision of
17 relevant data and other information, on the causes and effects
18 of, and treatment for, drug and alcohol abuse and dependence for
19 use by appropriate local government and private agencies,
20 institutions, and organizations, for local law enforcement
21 officials (including prosecuting attorneys, court personnel, the
22 judiciary, probation and parole officers, correction officials,
23 and other law enforcement personnel), local welfare, vocational
24 rehabilitation, personnel, and other local officials and
25 community leaders;
26 (6) Serve as a clearinghouse for the collection,
27 preparation, and dissemination of all information relating to
28 drug and alcohol abuse and dependence, including local drug and
29 alcohol abuse and dependence treatment plans, availability of
30 treatment resources, training and educational programs,
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1 statistics, research, and other pertinent data and information;
2 (7) Recruit, train, organize, and employ professional and
3 other persons, including former drug and alcohol abusers and
4 drug or alcohol dependent persons, to organize and participate
5 in programs of public education; and
6 (8) Coordinate activities carried on by all departments,
7 agencies and instrumentalities of the Commonwealth with respect
8 to health education aspects of drug and alcohol abuse and
9 undertake such other activities as the council may consider
10 important to a Commonwealth program of education relating to
11 drug and alcohol abuse and drug or alcohol dependence.
12 Section 11. Reporting Functions of the Council.--It shall be
13 the duty of the council with respect to its reporting functions
14 to:
15 (1) Submit an annual report to the General Assembly which
16 shall specify the actions taken and services provided and funds
17 expended under each provision of this act and an evaluation of
18 their effectiveness, and which shall contain the current drug
19 and alcohol abuse and dependence control plan;
20 (2) Submit such additional reports as may be requested by
21 the General Assembly; and
22 (3) Submit to the General Assembly such recommendations as
23 will further the prevention, treatment, and control of drug and
24 alcohol abuse and dependence.
25 Section 12. Treatment and Rehabilitation Services.--(a) The
26 council shall provide at least the following treatment and
27 rehabilitation services for male and female juveniles and adults
28 who are charged with, convicted of, or serving a criminal
29 sentence for any criminal offense under the law of this
30 Commonwealth and are eligible for treatment under this act:
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1 (1) Emergency medical services;
2 (2) Inpatient services, which shall not be a part of or at
3 the same location as a correctional institution; and
4 (3) Intermediate care, rehabilitative and outpatient
5 services.
6 The council shall give priority to developing these community
7 based treatment services in cooperation with other State
8 agencies or departments. Reasonable surveillance techniques such
9 as urine analysis may be used for treatment purposes but the
10 results thereof shall remain confidential and may not be used
11 against any patient in any criminal proceeding. Because of the
12 nature and seriousness of the disease a drug or alcohol
13 dependent person can be expected to relapse into drug or alcohol
14 abuse one or more times after the onset of therapy. The decision
15 whether to continue or to modify or to discontinue intermediate
16 care or outpatient treatment after one or more such relapses
17 shall be made on the basis of sound clinical judgment. All
18 reasonable methods of treatment shall be used to prevent their
19 recurrence. Supportive medical care, services, and residential
20 facilities shall be provided for drug or alcohol dependent
21 persons for whom treatment has repeatedly failed and recovery is
22 unlikely so that they may live in a decent and productive
23 manner.
24 (b) The treatment and rehabilitation services authorized by
25 this act may be provided at any available facility approved by
26 the council, including but not limited to State hospitals and
27 institutions, public and private general hospitals, community
28 mental health centers or their contracting agencies, and public
29 and private drug or alcohol dependence and drug and alcohol
30 abuse treatment and rehabilitation centers. The council may
19710H0850B1490 - 19 -
1 contract with any appropriate public or private agency,
2 organization, or institution that has proper and adequate
3 facilities and personnel in order to carry out the purposes of
4 this act.
5 (c) There shall be in each city or region a central office
6 to coordinate and provide information concerning the
7 availability of all such services. The council may determine the
8 area to be served by any such office.
9 (d) Any person assisted under this act may be required to
10 contribute toward the cost of his subsistence, care, or
11 treatment, to the extent that he is financially able to do so,
12 under regulations promulgated by the council. Such regulations
13 shall specify how funds available to any person as a result of
14 his drug or alcohol abuse or drug or alcohol dependence under
15 Federal or State government programs such as social security,
16 welfare, medicare, medicaid, veterans' benefits, and employe
17 health insurance plans and policies, shall be used to contribute
18 to the cost of such treatment so far as practicable without
19 imposing undue hardship on him or his family. No person may be
20 discriminated against on the basis of indigence.
21 Section 13. Emergency Medical Services.--(a) (1) Any person
22 charged with a misdemeanor under Pennsylvania law and who
23 appears to be a drug or alcohol abuser, or who is taken into
24 custody for what appears to be a drug related misdemeanor under
25 Pennsylvania law, shall, after preliminary police processing and
26 an opportunity to consult with counsel, promptly be taken for
27 emergency medical services, where he shall either be admitted as
28 a patient or transported to another appropriate health facility
29 for treatment and diagnosis. Upon admission as a patient, such
30 person shall immediately be examined to determine whether: (i)
19710H0850B1490 - 20 -
1 it is probable that he is not a drug or alcohol abuser and has
2 not committed a drug related misdemeanor, or (ii) it is probable
3 that he is not in need of emergency medical services although he
4 may be a drug or alcohol abuser, or (iii) it is probable that he
5 is a drug or alcohol abuser or a drug or alcohol dependent
6 person who is in need of emergency medical services. Such
7 screening shall be completed within twenty-four hours of such
8 person's admission to emergency medical services. Any person
9 determined to fall within subclause (iii) of this clause shall
10 be detained there as long as is necessary to complete emergency
11 medical treatment, to conduct a diagnosis for possible drug or
12 alcohol dependence, but in no event longer than ten days after
13 his submission.
14 (2) Any person determined to fall within subclause (i) or
15 (ii) of clause (1) of this subsection (a) shall be released from
16 emergency medical services immediately upon completion of the
17 initial screening process, and in no event shall he be detained
18 there longer than twenty-four hours. Upon his release from
19 emergency medical services, he shall be handled as in any other
20 criminal case.
21 (3) If a person is determined to fall within subclause (iii)
22 of clause (1) of this subsection (a) and prior to trial on the
23 offense he requests voluntary treatment or civil commitment for
24 treatment in lieu of criminal prosecution, the medical officer
25 shall, after a review of his record, advise the government
26 attorney and the court in writing whether for the treatment and
27 rehabilitation of the person it would be preferable for the
28 criminal charges to be held in abeyance or withdrawn in order to
29 institute either voluntary treatment for his drug or alcohol
30 dependence or treatment for his drug or alcohol dependence under
19710H0850B1490 - 21 -
1 civil commitment, or for the criminal charges to be prosecuted.
2 The government attorney shall exercise his discretion whether to
3 accept the medical officer's advice, but in the event that he
4 does not accept the medical officer's advice he shall state in
5 writing the reasons for his decision.
6 (4) If the criminal charges are prosecuted and such person
7 is convicted, and at the time of conviction he requests
8 probation with treatment or civil commitment for treatment in
9 lieu of criminal punishment, the medical officer shall advise
10 the court in writing whether for the treatment and
11 rehabilitation of the person it would be preferable for him to
12 receive a suspended sentence and probation on the condition that
13 he undergo education and treatment for drug or alcohol abuse and
14 drug or alcohol dependence, or to be civilly committed pursuant
15 to this act for treatment in lieu of criminal punishment, or to
16 receive criminal incarceration. The court shall exercise its
17 discretion whether to accept the medical officer's advice.
18 (5) Any person determined to fall within subclause (iii) of
19 clause (1) of this subsection (a) shall immediately be informed
20 of his right to request any of the procedures for treatment in
21 lieu of criminal prosecution or punishment which are available
22 to him under clause (3) or (4) of this subsection (a) as a
23 result of his diagnosis. If such person is, as a result of his
24 drug or alcohol abuse or drug or alcohol dependence, unable at
25 the time of diagnosis either to understand or to make a rational
26 decision concerning his right to request treatment under such
27 subsections, he shall again be informed of such right as soon as
28 he is able to understand the choices available to him and to
29 make a rational decision concerning them.
30 (6) A criminal charge may be held in abeyance pursuant to
19710H0850B1490 - 22 -
1 clause (3) of this subsection (a) for no longer than one year,
2 after which it is automatically dismissed. A person civilly
3 committed pursuant to this act may be returned to stand trial
4 within a year.
5 (b) (1) Any person charged with a felony under Pennsylvania
6 law and who appears to be a drug or alcohol abuser, or who is
7 taken into custody for what appears to be a drug related felony
8 under Pennsylvania law, shall, after preliminary police
9 processing and an opportunity to consult with counsel, promptly
10 be taken for emergency medical care services, where he shall
11 either be admitted as a patient or transported to another
12 appropriate health facility for treatment and diagnosis. Upon
13 admission as a patient, such person shall immediately be
14 examined to determine whether: (i) it is probable that he is not
15 a drug or alcohol abuser and has not committed a drug related
16 felony, or (ii) it is probable that he is not in need of
17 emergency medical services although he may be a drug or alcohol
18 abuser, or (iii) it is probable that he is a drug or alcohol
19 abuser or a drug or alcohol dependent person who is in need of
20 emergency medical services. Such screening shall be completed
21 within twenty-four hours of such person's admission to emergency
22 medical services. Any person determined to fall within subclause
23 (iii) of this clause shall be detained there as long as is
24 necessary to complete emergency medical treatment, to conduct a
25 diagnosis for possible drug or alcohol dependence, but in no
26 event longer than ten days after his admission.
27 (2) Any person determined to fall within subclause (i) or
28 (ii) of clause (1) of this subsection (b) shall be released from
29 emergency medical services immediately upon completion of the
30 initial screening process, and in no event shall he be detained
19710H0850B1490 - 23 -
1 there longer than twenty-four hours. Upon his release from
2 emergency medical services, he shall be handled as in any other
3 criminal case.
4 (3) If a person determined to fall within subclause (iii) of
5 clause (1) of this subsection (b) is diagnosed as not a drug or
6 alcohol dependent person, he shall be handled as in any other
7 criminal case.
8 (4) If a person determined to fall within subclause (iii) of
9 clause (1) of this subsection (b) is diagnosed as a drug or
10 alcohol dependent person and prior to trial on the offense he
11 requests voluntary treatment or civil commitment for treatment
12 in lieu of criminal prosecution, the medical officer shall,
13 after a review of his record, advise the government attorney and
14 the court in writing whether for the treatment and
15 rehabilitation of the person it would be preferable for the
16 criminal charges to be held in abeyance or withdrawn in order to
17 institute either voluntary treatment for his drug or alcohol
18 dependence or treatment for his drug or alcohol dependence under
19 civil commitment, or for the criminal charges to be prosecuted.
20 The government attorney shall exercise his discretion whether to
21 accept the medical officer's advice, but in the event that he
22 does not accept the medical officer's advice he shall state in
23 writing the reasons for his decision.
24 (5) If a person determined to fall within subclause (iii) of
25 clause (1) of this subsection (b) is diagnosed as a drug or
26 alcohol dependent person and he pleads nolo contendere or
27 guilty, or he is found guilty after trial, and at that time he
28 requests probation with treatment or civil commitment for
29 treatment in lieu of criminal punishment, the medical officer
30 shall advise the court in writing whether it would be preferable
19710H0850B1490 - 24 -
1 for the treatment and rehabilitation of the person for him to
2 receive a suspended sentence and probation on the condition that
3 he undergo education and treatment for drug or alcohol abuse and
4 drug or alcohol dependence, or to be civilly committed for
5 treatment in lieu of criminal punishment, or to receive criminal
6 incarceration. The court shall exercise its discretion whether
7 to accept the medical officer's advice.
8 (6) Any person diagnosed as a drug or alcohol dependent
9 person pursuant to clauses (4) or (5) of this subsection (b)
10 shall immediately be informed of his right to request probation
11 with treatment or civil commitment for treatment in lieu of
12 criminal punishment. If such person is, as a result of his drug
13 or alcohol dependence, unable at the time of diagnosis either to
14 understand or to make a rational decision concerning his right
15 to make such a request, he shall again be informed of such right
16 as soon as he is able to understand the choices available to him
17 and to make a rational decision concerning them.
18 (c) Any officer, government attorney, court, or probation or
19 parole officer shall refer any person to the council for
20 handling pursuant to subsection (a) or (b) of this section
21 whenever it appears that such person is a drug or alcohol abuser
22 or that an offense with which he is charged may be drug related.
23 (d) The medical officer shall be given all pertinent records
24 and information with respect to any person handled pursuant to
25 subsection (a) or (b) of this section by any department, agency,
26 officer, government attorney, court or probation or parole
27 officer who has such records or information.
28 Section 14. Civil Commitment for Treatment of Drug or
29 Alcohol Dependence.--(a) Any person who, through the excessive
30 use of drugs or alcoholic beverages, has become unable to care
19710H0850B1490 - 25 -
1 for himself, his family, or his property, or has become a burden
2 on the public, may be committed to the council for treatment and
3 care for drug or alcohol dependence as follows:
4 (1) Court commitment on voluntary application:
5 (i) Any person may apply to the council for commitment. The
6 application shall be in writing, upon forms to be furnished by
7 the council, and shall be signed by the applicant in the
8 presence of at least one witness.
9 (ii) The council, upon receiving such application, shall
10 examine the applicant. If it finds that the applicant is
11 addicted to the excessive use of drugs or alcoholic beverages,
12 and that he is in need of care and will benefit from such
13 treatment, and that facilities are available to receive the
14 applicant, it shall make a certification to that effect, and
15 shall thereupon forward the application, together with its
16 certification, to the court of common pleas of the county
17 wherein the applicant is a resident.
18 (iii) The court, upon receiving the application and
19 certification, shall examine the same, and, in its discretion,
20 may hold a hearing, at which time the applicant shall be
21 present. If it finds the application to be in order, and no
22 reason exists to refuse it, the court shall forthwith order the
23 commitment of the applicant.
24 (iv) The testimony, of the applicant or any other person, at
25 any hearing held on any application may not be used against the
26 applicant in any other judicial proceeding.
27 (2) Court commitment upon petition of certain persons:
28 (i) A petition to commit any person to the council may be
29 presented to the court of common pleas of the county in which
30 such person is a resident or may be found, or if a resident of
19710H0850B1490 - 26 -
1 or found in Philadelphia either to a court of common pleas or to
2 the Municipal Court of Philadelphia, and notice thereof shall be
3 given to the council which shall immediately certify to the
4 court whether facilities are available to receive the person
5 referred to in the petition in the event that the court should
6 order his commitment.
7 (ii) The petition may be made by the spouse, parent, child,
8 legal guardian, the person having the legal custody or liability
9 for his support, his next friend, or any other responsible
10 person.
11 (iii) Whenever a petition is presented, and upon receipt of
12 the council's certification that facilities are available, the
13 court may immediately appoint a commission composed of three
14 persons, two qualified physicians and one attorney-at-law, who
15 shall prepare and file all necessary notices, reports and other
16 papers. Each member of the commission shall receive a fee
17 consistent with the prevailing scale in the county, as
18 determined by the court, for the time he is necessarily employed
19 in the duty of his appointment.
20 (iv) The commission shall hear such evidence as may be
21 offered or as they may require relating to the person sought to
22 be committed who is addicted to the excessive use of drugs or
23 alcoholic beverages, as well as his or his counsel's statement.
24 If such person shall refuse to submit to an examination before
25 the commission, the court may issue a warrant to bring him
26 before the commission for examination.
27 (v) The commission shall make a written report to the court,
28 setting forth whether or not they find that such person is in
29 fact addicted to the excessive use of drugs or alcoholic
30 beverages, and that he is in need of care and will benefit from
19710H0850B1490 - 27 -
1 such treatment, and the facts on which their conclusion is
2 based.
3 (vi) Upon receipt of the petition for the commitment of such
4 person, or of the report of the commission if one has been
5 appointed, the court may fix a day for a hearing, to be held at
6 such place as the court directs. When the hearing is to be held,
7 the court shall notify the parties in interest. The court may
8 require the presence of the person sought to be committed and
9 may exclude the public.
10 (vii) The testimony of any person at any hearing before the
11 commission or the court may not be used against the person who
12 is the subject of the petition in any other judicial proceeding.
13 If the court approves the report of the commission that the
14 person in question is addicted to the excessive use of drugs or
15 alcoholic beverages and that he is in need of care and will
16 benefit from such treatment, the court shall make an order
17 committing such person.
18 (3) Whenever any person is committed in accordance with the
19 provisions of subsection (a) of this section, the court may, at
20 the time of ordering commitment, appoint a guardian of the
21 estate of the person so committed, if it is necessary to protect
22 the interests and estate of such person.
23 (4) Any person committed under any of the provisions of
24 subsection (a) of this section shall thereby be subjected to
25 treatment and confinement for a period not to exceed one year:
26 Provided, however, That he may be released sooner than one year
27 in accordance with the provisions of subsections (d), (e) and
28 (f) of this section.
29 (5) The council in its discretion, may allow a leave of
30 absence to any person whose condition is such as to warrant it,
19710H0850B1490 - 28 -
1 and upon such conditions as it may prescribe for the best
2 interests of such person, including supervision by any
3 nationally recognized scientific and service organizations whose
4 purpose is to treat and rehabilitate persons addicted to the
5 excessive use of drugs or alcoholic beverages: Provided, That
6 the council, upon learning of the violation of any such
7 condition, may, in its discretion, request the committing court
8 for a warrant to return the person to confinement.
9 (6) The council may order and compel the final discharge of
10 any person, committed under the provisions of subsection (a) of
11 this section, as cured, or no longer being in need of care, or
12 as not amenable to treatment.
13 (7) Any person committed under the provisions of subsection
14 (a) of this section shall have the right at any time to secure
15 his release, by writ of habeas corpus, if it appears to the
16 court that such person is cured and not in need of further
17 treatment.
18 (8) The per diem rate for persons receiving care and
19 treatment in the facilities provided for in this act shall be
20 determined by rates established by the council, based on
21 estimates and actual cost of operation: Provided, however, That
22 no person shall be charged at a rate greater than the actual
23 cost of care and treatment.
24 Liability for all cost of treatment and care of any person
25 committed under the provisions of subsection (a) of this section
26 is hereby imposed, in the following order, against:
27 (1) The person's real and personal property.
28 (2) The persons liable for the patient's support.
29 (3) The county in which he resides.
30 (9) (i) In ordering the commitment of any person pursuant to
19710H0850B1490 - 29 -
1 the provisions of subsection (a) of this section, the court, at
2 the time of commitment, shall make an order for the payment of
3 the costs of treatment and care of the patient. The court shall
4 take into consideration the ability to pay of the patient or the
5 persons liable for his support, and shall have the power or duty
6 to modify or revise the order from time to time on cause shown.
7 (ii) Every order shall be entered in the prothonotary's
8 office and shall have the effect of a judgment.
9 (10) All money due the Commonwealth from the estate of a
10 person committed, or the persons liable for his support, or the
11 county in which he resides, for his treatment and care shall be
12 collected by the Department of Revenue, as collection agency for
13 the division, and shall be promptly transmitted by the
14 Department of Revenue to the State Treasurer.
15 (b) (1) The courts may commit to the council for treatment
16 and care for drug or alcohol dependence in lieu of criminal
17 prosecution or punishment for up to a specified period of time a
18 drug or alcohol dependent person who: (i) is charged with a
19 misdemeanor or felony and who, prior to trial on the offense,
20 requests such treatment in lieu of criminal prosecution; or (ii)
21 is charged with a misdemeanor or felony and who, after having
22 pled nolo contendere or guilty to, or having been found guilty
23 of, the offense charged, at the time sentence is imposed
24 requests such treatment in lieu of serving the sentence imposed;
25 or (iii) is serving a criminal sentence and petitions the court
26 for such treatment in lieu of serving the remainder of his
27 sentence.
28 (2) No term of commitment shall be ordered for a period
29 longer than the maximum sentence that could have been imposed
30 for the offense with which the person was charged with respect
19710H0850B1490 - 30 -
1 to subclause (i) of clause (1) of this subsection (b), or for a
2 period longer than the sentence actually imposed with respect to
3 subclauses (ii) or (iii) of clause (1) of this subsection (b). A
4 patient may voluntarily remain in treatment for as long as the
5 medical officer believes warranted.
6 (c) Prior to the commitment of any person pursuant to
7 subsections (a) or (b) of this section the court shall hold a
8 civil hearing without a jury and must find that he is a drug or
9 alcohol dependent person; and appropriate treatment is available
10 for him.
11 (d) The council shall immediately inform the court whenever
12 in its opinion any one of the findings made pursuant to
13 subsection (c) of this section is no longer applicable, or for
14 any reason the person should be unconditionally released.
15 (1) The council shall, after a review of the patient's
16 record, recommend to the court whether the commitment order
17 should be continued, or whether the patient should be
18 unconditionally released, or whether the patient should be
19 returned to stand trial if he was committed under subclause (i)
20 of clause (1) of subsection (b) of this section, or to serve the
21 remainder of his sentence if he was committed under subclauses
22 (ii) or (iii) of clause (1) of subsection (b) of this section,
23 or whether some other appropriate action should be taken. The
24 court shall hold a civil hearing and shall enter an appropriate
25 order.
26 (2) Time spent under civil commitment shall be counted
27 toward any sentence for a person returned to stand trial or to
28 serve the remainder of his sentence.
29 (3) A person committed under this section may be returned to
30 stand trial or to serve the remainder of his sentence if he does
19710H0850B1490 - 31 -
1 not cooperate with an appropriate treatment or care program, or
2 if appropriate treatment or care is ineffective: Provided, That
3 the decision whether to return the person to stand trial or to
4 serve the remainder of his sentence after failure to conform to
5 a schedule for rehabilitation shall be made on the basis of what
6 is most consistent with the rehabilitation of the individual and
7 the safety of the community.
8 (4) Except as otherwise provided herein, no person shall
9 remain committed for treatment or care pursuant to this section
10 after a court determines that any one of the findings made under
11 this act is no longer applicable.
12 (e) A committed person may, upon the expiration of six
13 months following the commitment order, and not more frequently
14 than every six months thereafter, request the council in writing
15 to conduct a review of the current applicability of the required
16 findings, and if the request is timely it shall be granted. The
17 patient may, at his own expense, have one or more qualified
18 physicians participate in this review or conduct an independent
19 review. The council shall, upon the written request of an
20 indigent patient, assist him in obtaining a qualified physician
21 to participate in the review, and such a physician shall be
22 compensated for his services by the council in an amount
23 determined by the council to be fair and reasonable. The council
24 shall report the result of the review to the patient. If the
25 patient is not released as a result of this review he may
26 petition the court for an order directing his release. The court
27 may hold a hearing and shall consider all pertinent evidence and
28 enter an appropriate order. The burden of proof in such a
29 proceeding shall remain on the council.
30 (f) In addition to the right of review upon a patient's
19710H0850B1490 - 32 -
1 written request, the council shall as often as practicable, but
2 not less often than every six months, review a patient's status
3 under the required findings. Any right available to him for
4 obtaining release from confinement, including the right to
5 petition for a writ of habeas corpus, shall also be retained,
6 and the burden of proof in such a proceeding of the continuing
7 existence of the findings upon which the commitment is based
8 shall remain on the council.
9 (g) A committed person or a person detained for treatment
10 may initially be placed in inpatient, intermediate care or
11 outpatient treatment on the basis of sound clinical judgment,
12 except that a person charged with or subject to a prison
13 sentence for a felony shall initially be placed in inpatient
14 treatment unless the court orders otherwise. The council may
15 transfer a committed person or a person detained for treatment
16 between inpatient, intermediate care, and outpatient services
17 without court permission on the basis of sound clinical
18 judgment, except that a court order must be obtained for the
19 transfer from inpatient status of any person charged with or
20 subject to a prison sentence for a felony. No committed person
21 may be unconditionally released without a court order. A
22 committed or detained person has a right to intermediate care
23 and outpatient status, and to unconditional release, as quickly
24 as is consistent with sound clinical judgment and with the
25 safety of other persons and of property.
26 (h) Neither mail nor other communications to or from a
27 person committed pursuant to this section may be read by others
28 or censored except when ordered by a physician for treatment
29 reasons: Provided, That reasonable regulations regarding
30 visiting hours and the use of telephone and telegraph facilities
19710H0850B1490 - 33 -
1 may be adopted, and reasonable precautions may be used to
2 prevent persons from illegally obtaining controlled dangerous
3 substances.
4 (i) Upon the institutions of proceedings for the commitment
5 of a person pursuant to this act, the council shall give such
6 person and his nearest known adult relative a written statement
7 and explanation outlining in simple nontechnical language the
8 procedure and rights set out in this section. If such person is
9 committed, the council shall give him and his nearest known
10 adult relative a further written statement and explanation
11 outlining all release procedures and other rights provided by
12 this section, as well as by other statutes and general legal
13 principles.
14 (j) A specific treatment plan, adopted to each individual,
15 shall be prepared and maintained by the council on a current
16 basis for every patient committed pursuant to this act. It shall
17 show the treatment planned and the treatment provided, in
18 sufficient detail to permit an evaluation or the adequacy of the
19 program for that individual. The plan shall be reviewed by the
20 court in considering the findings required by this act.
21 (k) Each individual treatment plan prepared pursuant to
22 subsection (j) of this section may utilize inpatient,
23 intermediate care, rehabilitative and outpatient services in
24 accordance with principles of medical care and treatment
25 accepted by a responsible segment of the medical profession. All
26 public and private community efforts, including but not limited
27 to welfare services, vocational rehabilitation, and job
28 replacement, shall be utilized as part of outpatient treatment
29 programs to integrate drug or alcohol dependent persons back
30 into society as productive citizens.
19710H0850B1490 - 34 -
1 (l) Any hearing held pursuant to subsections (c), (d) or (e)
2 of this section shall be conducted according to the provisions
3 thereof.
4 Section 15. Drug or Alcohol Abuse Services in Correctional
5 Institutions and on Probation and Parole.--(a) The services
6 established by this act shall be used by the Department of
7 Justice for drug and alcohol abusers or drug and alcohol
8 dependent offenders, including juveniles, placed on work
9 release, probation, parole, or other conditional release. The
10 council and the Bureau of Correction and Board of Probation and
11 Parole shall cooperate in establishing and encouraging the
12 establishment of community based drug and alcohol abuse
13 treatment services and of drug and alcohol abuse treatment
14 services in State and county correctional institutions.
15 (b) The conditional release of any drug or alcohol abuser or
16 drug or alcohol dependent person convicted of any Commonwealth
17 offense may be conditioned on the person's agreement to periodic
18 urine analysis or other means of detecting narcotic drugs within
19 the body.
20 (c) The Bureau of Correction and Board of Probation and
21 Parole may transfer an offender placed on conditional release
22 from one treatment service to another depending upon his
23 response to treatment. The decision whether to retain or to
24 restrict or to revoke probation or parole or other conditional
25 release after failure to conform to a schedule for
26 rehabilitation shall be made on the basis of what is most
27 consistent with both the rehabilitation of the individual and
28 the safety of the community. All reasonable methods of treatment
29 shall be used to prevent relapses and to promote rehabilitation.
30 The council shall provide periodic reports and recommendations
19710H0850B1490 - 35 -
1 to the Bureau of Correction and Board of Probation and Parole on
2 persons being treated pursuant to this section.
3 Section 16. Availability of Criminal Records.--In order to
4 facilitate the treatment and rehabilitation of drug abusers and
5 drug dependent persons, any arrest for a criminal offense under
6 "The Drug, Device and Cosmetic Act of 1971" or under the
7 provisions of Pennsylvania law previously governing narcotics
8 and dangerous drugs shall no longer be available as part of the
9 person's public arrest and other public criminal records when
10 the charges are withdrawn or dismissed or the person is
11 acquitted of the charges.
12 Section 17. Retention of Civil Rights and Liberties.--A
13 person receiving care or treatment under the provisions of this
14 act shall retain his civil rights and liberties except as herein
15 otherwise explicitly provided.
16 Section 18. Confidentiality of Records.--(a) A complete
17 medical, social, occupational, and family history shall be
18 obtained as part of the diagnosis, classification and treatment
19 of a patient pursuant to this act. Copies of all pertinent
20 records from other agencies, practitioners, institutions, and
21 medical facilities shall be obtained in order to develop a
22 complete and permanent confidential personal history for
23 purposes of the patient's treatment.
24 (b) All patient records (including all records relating to
25 any commitment proceeding) prepared or obtained pursuant to this
26 act, and all information contained therein, shall remain
27 confidential, and may be disclosed with the patient's consent
28 only to medical personnel and only for purposes of diagnosis and
29 treatment of the patient or to government or other officials for
30 the purpose of obtaining benefits due the patient as a result of
19710H0850B1490 - 36 -
1 his drug or alcohol abuse or drug or alcohol dependence.
2 Disclosure may be made for purposes unrelated to such treatment
3 or benefits upon an order of a court after application showing
4 good cause therefor. In determining whether there is good cause
5 for disclosure, the court shall weigh the need for the
6 information sought to be disclosed against the possible harm of
7 disclosure to the person to whom such information pertains, the
8 physician-patient relationship, and to the treatment services,
9 and may condition disclosure of the information upon any
10 appropriate safeguards. No such records or information may be
11 used to initiate or substantiate charges against a patient under
12 any circumstances.
13 (c) All patient records and all information contained
14 therein relating to drug or alcohol abuse or drug or alcohol
15 dependence prepared or obtained by a private practitioner shall
16 remain confidential and may be disclosed only with the patient's
17 consent and only to medical personnel for purposes of diagnosis
18 and treatment of the patient or to government or other officials
19 for the purpose of obtaining benefits due the patient as a
20 result of his drug or alcohol abuse or drug or alcohol
21 dependence.
22 Section 19. Welfare.--(a) Drug and alcohol abuse and
23 dependence shall, for the purpose of all State welfare programs
24 be regarded as a major health and economic problem.
25 (b) State agencies charged with administering such welfare
26 programs shall take action to reduce the incidence of financial
27 indigency and family disintegration caused by drug and alcohol
28 abuse and dependence, and shall provide for treatment and
29 rehabilitation services for those persons enrolled in welfare
30 programs whose financial eligibility for such assistance
19710H0850B1490 - 37 -
1 results, in part or in whole, from drug and alcohol dependence.
2 (c) Persons otherwise eligible for such welfare assistance
3 shall not be ineligible for such assistance because of drug and
4 alcohol abuse and dependence unless they refuse to accept
5 treatment and rehabilitation services. Any person whose
6 financial eligibility for such assistance results in whole or in
7 part, from drug and alcohol abuse or dependence shall be
8 provided the services of appropriate treatment and
9 rehabilitation services upon a certification by a responsible
10 medical officer that (i) the services will more likely than not
11 be appropriate for the recipient, and (ii) the services can
12 accommodate the recipient. After such certification,
13 participation by the recipient in the program shall be a
14 requirement for continuing eligibility for such assistance, in
15 the absence of good cause for nonparticipation.
16 (d) Any recipient of welfare assistance whose inability to
17 work or to participate in a work training program is the result
18 of drug and alcohol abuse or dependence shall be excused from
19 such participation only on condition that he accept appropriate
20 treatment and rehabilitation services made available to him.
21 (e) The council shall promulgate appropriate regulations and
22 offer technical assistance to the departments and agencies of
23 the Commonwealth in providing programs of education about drug
24 and alcohol abuse and drug and alcohol dependence for children
25 of school age and adults responsible for them, and appropriate
26 treatment for children physically or mentally damaged or
27 otherwise affected, as a result of drug or alcohol abuse or drug
28 or alcohol dependence on the part of such children and other
29 children or adults with whom they have significant contact.
30 Section 20. General.--Drug and alcohol abuse or dependence
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1 shall be regarded as a health problem, sickness, illness,
2 disease, disability, or similar term, for purposes of all
3 legislation relating to health, welfare, and rehabilitation
4 programs, services, funds and other benefits. Any legislation
5 providing for medical assistance, medical care, treatment,
6 rehabilitation or other similar services, shall be regarded as
7 including programs and services for the prevention and treatment
8 of drug and alcohol abuse and dependence.
9 Section 21. Grants and Contracts for the Prevention and
10 Treatment of Drug and Alcohol Abuse and Dependence.--(a) The
11 council is authorized to make grants and enter into contracts
12 for the prevention and treatment of drug and alcohol abuse and
13 dependence to assist local governments and public and private
14 nonprofit agencies, institutions, and organizations to:
15 (1) Meet the costs of equipment and operating treatment and
16 rehabilitation facilities including but not limited to emergency
17 medical, inpatient, intermediate care, rehabilitative and
18 outpatient facilities for drug or alcohol abusers and drug or
19 alcohol dependent persons and to assist them to meet, for the
20 temporary periods specified in subsection (b) of this section, a
21 portion of the costs of compensation of personnel for the
22 initial operation of such facilities, and of new services in
23 existing facilities for drug or alcohol abusers and drug or
24 alcohol dependent persons;
25 (2) Conduct research, demonstration, and evaluation
26 projects, including surveys and field trials, looking toward the
27 development of improved, expanded, and more effective methods of
28 prevention and treatment of drug or alcohol abuse and drug or
29 alcohol dependence;
30 (3) Provide education and training for professional
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1 personnel, including medical, psychiatric, vocational
2 rehabilitation, and social welfare personnel, in academic and
3 professional institutions and in postgraduate courses, about the
4 prevention and treatment of drug and alcohol abuse and drug and
5 alcohol dependence, and provide training for such personnel in
6 the administration, operation, and supervision of programs and
7 services for the prevention and treatment of drug and alcohol
8 abuse and drug and alcohol dependence;
9 (4) Recruit, educate, train, organize, and employ community
10 drug and alcohol abuse and drug and alcohol dependence
11 prevention and treatment personnel to serve with and under the
12 direction of professional medical, psychiatric, vocational
13 rehabilitation, and social welfare personnel in drug and alcohol
14 abuse and drug and alcohol dependence and prior criminal arrests
15 or convictions shall not be a bar to such employment;
16 (5) Provide services in correctional and penal institutions
17 for the prevention and treatment of drug and alcohol abuse and
18 drug and alcohol dependence;
19 (6) Provide services, in cooperation with schools, law
20 enforcement agencies, courts and other public and private
21 nonprofit agencies, institutions, and organizations, for the
22 prevention and treatment of drug and alcohol abuse and drug and
23 alcohol dependence among juveniles and young adults. These
24 services where feasible shall include curricula for drug and
25 alcohol abuse education in elementary and secondary schools, and
26 among parents and other adults;
27 (7) Provide programs and services, in cooperation with local
28 law enforcement agencies, the courts, and other public and
29 private nonprofit agencies, institutions, and organizations, for
30 the instruction of law enforcement officers, prosecuting
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1 attorneys, court personnel, the judiciary, probation and parole
2 officers, correctional officials and legal aid, public defender,
3 and neighborhood legal services attorneys with respect to the
4 causes, effects, prevention, and treatment of drug or alcohol
5 abuse and drug or alcohol dependence. Such programs and services
6 shall include, where possible a full range of services available
7 to State and local courts for diagnosis, counseling, and
8 treatment for drug or alcohol abuse and drug or alcohol
9 dependence for persons coming before the courts;
10 (8) Provide services for outpatient counseling of drug and
11 alcohol abusers and drug and alcohol dependent persons to
12 include employment, welfare, legal, education, and other
13 assistance, in cooperation and coordination with welfare and
14 rehabilitation personnel;
15 (9) Develop or evaluate curriculums on drug and alcohol
16 abuse prevention and treatment, including the preparation of new
17 and improved curricular materials for use in elementary,
18 secondary, college, and adult education programs;
19 (10) Develop or evaluate a program of dissemination of
20 curricular material;
21 (11) Provide training programs on drug and alcohol abuse and
22 drug and alcohol dependence (including courses of study,
23 institutes, seminars, films, workshops, and conferences) for
24 teachers, counselors, and other educational personnel;
25 (12) Provide community education programs on drug and
26 alcohol abuse (including courses of study, institutes, seminars,
27 films, workshops, and conferences) especially for parents and
28 other adults in the community;
29 (13) Assist local education agencies in the planning,
30 development, and implementation of drug and alcohol abuse
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1 education programs; and
2 (14) Develop educational material and programs about the
3 prevention and treatment of, and problems arising from, drug or
4 alcohol abuse and drug and alcohol dependence, for use of
5 distribution by any form of mass media.
6 (b) The amount of any grant made under subsection (a) of
7 this section shall not exceed fifty per cent of the cost of the
8 program or project specified in the application for such grant
9 and may be made only for the period beginning with the first day
10 for which such a grant is made and ending with the close of five
11 years after such first day. Such grants may not exceed sixty per
12 cent of such costs for the period ending with the close of the
13 twenty-fourth month following such first day, forty per cent of
14 such costs for the first year thereafter, thirty per cent of
15 such costs for the second year thereafter and twenty per cent of
16 such costs of the third year thereafter.
17 Section 22. Admission to Private and Public Hospitals.--Drug
18 and alcohol abusers and dependent persons shall be admitted to
19 and treated in secure and appropriate facilities of private and
20 public hospitals on the basis of medical need and shall not be
21 discriminated against because of their drug or alcohol abuse or
22 dependence. Any hospital that violates this section shall not
23 receive financial assistance under the provisions of this act or
24 any other law of this Commonwealth. No such action shall be
25 taken without due notice by the council to the appropriate
26 person or persons of the failure to comply with this section,
27 and an opportunity for a correction or a hearing as provided by
28 law. Actions taken under this section shall be subject to
29 judicial review as provided by the "Administrative Agency Law."
30 Section 23. Advisory Committee on Drug and Alcohol Abuse and
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1 Dependence.--(a) The Governor shall appoint an Advisory
2 Committee on Drug and Alcohol Abuse and Dependence, to consist
3 of fifteen qualified persons who have knowledge of and an
4 interest in the subject, to represent different geographical
5 regions and occupations, and some of whom must formerly have
6 been drug or alcohol abusers or drug dependent persons, to
7 advise and consult with the council and to assist them in
8 carrying out the provisions of this act.
9 (b) The members of the committee shall elect a chairman, who
10 shall serve a one-year term but may be reelected. The members of
11 the committee shall serve without compensation for three years,
12 staggered so that five vacancies occur every year.
13 (c) The committee shall meet at least once every two months,
14 and may meet more often. It shall consult at regular intervals
15 with representatives of the Commonwealth and political
16 subdivisions thereof, and with the judiciary, corrections,
17 probation, vocational rehabilitation, public welfare, parole and
18 other agencies as may become involved in a total treatment and
19 rehabilitation effort to control drug and alcohol abuse and
20 dependence.
21 Section 24. Law Enforcement Officials.--Because of full
22 cooperation of law enforcement officials is essential for the
23 effective implementation of the provisions of this act, the
24 council shall, in cooperation with the Attorney General, the
25 police, the courts, and other public and private agencies,
26 provide services and consultation for the education of
27 policemen, prosecuting attorneys, court personnel, the
28 judiciary, probation and parole officers, correctional
29 officials, and other law enforcement personnel, with respect to
30 the cause, effects and treatment for drug and alcohol abuse and
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1 dependence. Further, the council shall foster and coordinate a
2 full range of services available to the courts for diagnosis,
3 counseling and treatment for drug and alcohol abuse and
4 dependence for persons coming before the courts.
5 Section 25. Programs.--None of the programs established by
6 this act shall go into effect until the council shall publicly
7 certify that the funds and facilities requisite thereto are
8 available.
9 Section 26. Appropriations.--The following sums, or as much <--
10 thereof as may be necessary, are appropriated to the departments
11 and agencies indicated, subject to the approval of the
12 Governor's Council on Drug, Narcotic and Alcohol Abuse, for the
13 fiscal year July 1, 1971 to June 30, 1972, to effectuate the
14 purposes of this act:
15 Pennsylvania State Police $ 710,000
16 Department of Justice
17 General Government Operations 57,000
18 Correctional Institutions-State Owned 300,000
19 Department of Health 500,000
20 Department of Public Welfare 8,253,000
21 Department of Education 80,000
22 Governor's Office 100,000
23 Section 27. 26. Savings Provision.--The provisions of this <--
24 act shall not affect any act done, liability incurred, or right
25 accrued or vested, or affect any suit or prosecution pending to
26 enforce any right or penalty or punish any offense under the
27 authority of any act of Assembly, or part thereof, repealed by
28 this act.
29 Section 28. 27. Severability.--The provisions of this act <--
30 are severable and, if any provision or part hereof shall be held
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1 invalid or unconstitutional or inapplicable to any person or
2 circumstances, such invalidity, unconstitutionality or
3 inapplicability shall not affect or impair the remaining
4 provising of the act. It is hereby declared to be the
5 legislative intent that this act would have been adopted if such
6 invalid, unconstitutional or inapplicable provisions had not
7 been included therein.
8 Section 29. 28. Repealer.--The act of August 20, 1953 <--
9 (P.L.1212), entitled "An act providing for the study of the
10 problems of alcoholism; the treatment, commitment,
11 rehabilitation and protection of persons addicted to the
12 excessive use of alcoholic beverages; conferring powers and
13 imposing duties upon the courts and the Department of Health;
14 and making an appropriation," is repealed absolutely.
15 Section 30. 29. Effective Date.--This act shall take effect <--
16 sixty days after the enactment thereof.
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