PRIOR PRINTER'S NOS. 939, 1490, 1545 PRINTER'S NO. 1589
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, KOLTER, MELTON, FEE,
MRS. KELLY, MESSRS. BELLOMINI, DeMEDIO, DOMBROWSKI, HASKELL,
BLAIR, D. S. HAYES, O'PAKE, PIEVSKY, FINEMAN, ENGLEHART,
MRS. FAWCETT, MESSRS. HUTCHINSON, RITTER, O'BRIEN, KURY,
WANSACZ, MALADY, COMER, DAGER, TAYLOR, ZORD, MEBUS, F. M.
ALLEN, WRIGHT, PIPER, WISE, HETRICK, PRENDERGAST, GELFAND,
LAUDADIO, BONETTO, SHELHAMER, H. S. PARKER, STONE, HOPKINS,
B. L. PARKER, PEZAK, SHERMAN, BARBER, J. J. JOHNSON, DOYLE,
CESSAR, KELLY, FRANK, LUTTY, E. B. DAVIS, ARTHURS, CROWLEY,
RAPPAPORT, RIEGER, KOWALYSHYN, MRS. TOLL, MESSRS. BERSON,
HALVERSON, LETTERMAN, R. O. DAVIS, WOJDAK, SCHMITT, ZELLER,
MEHOLCHICK, MANDERINO, HOVIS, EARLY, McMONAGLE, BENNETT,
KLEPPER, DREIBELBIS, PERRY, MORRIS, YAHNER, KLUNK, GLEASON,
STEMMLER, NEEDHAM, D. M. DAVIS, WEIDNER, SCIRICA, MARTINO,
LEDERER, COPPOLINO, SULLIVAN, GEISLER, CAPUTO, WILLIAMS,
SHUPNIK, COYNE, M. M. MULLEN, MRS. GILLETTE, MESSRS. VANN,
RUSH, FRANCIS LYNCH, ECKENSBERGER, SCHAEFFER, USTYNOSKI,
YOHN, LEHR, GALLEN, BURKARDT, O'CONNELL, WELLS, O'DONNELL,
WARGO, NOVAK, McCLATCHY, FRYER, MASTRANGELO, KATZ AND
GLEESON, MAY 3, 1971
AS AMENDED ON THIRD CONSIDERATION, HOUSE OF REPRESENTATIVES,
JULY 26, 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 civil commitment for
8 treatment of drug and alcohol dependence, repealing an act;
9 and providing penalties.
10 The General Assembly of the Commonwealth of Pennsylvania
11 hereby enacts as follows:
1 Section 1. Short Title.--This act shall be known and may be
2 cited as the "Pennsylvania Drug, Narcotic and Alcohol Abuse
3 Control Act of 1971."
4 Section 2. Definitions:
5 (1) The definitions contained and used in "The Drug, Device
6 and Cosmetic Act of 1971," shall also apply for the purposes of
7 this act.
8 (2) "Council" means the Governor's Council On Drug, Narcotic
9 and Alcohol Abuse established by this act.
10 (3) "Director" means the Executive Director of the
11 Governor's Council On Drug, Narcotic and Alcohol Abuse appointed
12 pursuant to this act.
13 (4) "Drug abuser" means any person who uses any controlled
14 drug, controlled dangerous substance or alcohol under
15 circumstances that constitute a violation of the law.
16 (5) "Drug dependent person" means a person who is using a
17 controlled drug, controlled dangerous substance or alcohol, and
18 who is in a state of psychic or physical dependence, or both,
19 arising from administration of that drug, substance or alcohol
20 on a continuing basis. Such dependence is characterized by
21 behavioral and other responses which include a strong compulsion
22 to take the drug, substance or alcohol on a continuous basis in
23 order to experience its psychic effects, or to avoid the
24 discomfort of its absence. An alcoholic is a drug dependent
25 person who is dependent on alcohol.
26 (6) "Drug related offense" means any criminal offense
27 committed by a dependent person as herein defined: (i) to
28 satisfy his dependence or to obtain funds to satisfy his
29 dependence; or (ii) while under and as a result of the influence
30 of a controlled drug or controlled dangerous substance:
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1 Provided, That the term shall not include criminal offenses
2 committed while under and as a result of the influence of
3 alcohol.
4 (7) "Emergency medical services" includes all appropriate
5 short term services for the acute effects of abuse and
6 dependence which: (i) are available twenty-four hours a day;
7 (ii) are community based and located so as to be quickly and
8 easily accessible to patients; (iii) are affiliated with and
9 constitute an integral (but not necessarily physical) part of
10 the general medical services of a general hospital; and (iv)
11 provide drug and alcohol withdrawal and other appropriate
12 medical care and treatment, professional examination, diagnosis,
13 and classification with respect to possible dependence, and
14 referral for other treatment and rehabilitation.
15 (8) "Government attorney" means an attorney authorized to
16 represent the Commonwealth or any political subdivision thereof
17 with respect to this act.
18 (9) "Inpatient services" includes all treatment and
19 rehabilitation services for drug and alcohol abuse and
20 dependence provided for a resident patient while he spends part
21 time in a treatment institution (including but not limited to a
22 rehabilitative center, half-way house, hostel or foster home)
23 which is community based and located so as to be quickly and
24 easily accessible to patients.
25 (10) "Outpatient services" includes all treatment and
26 rehabilitation services (including but not limited to clinics,
27 social centers, vocational rehabilitational services, welfare
28 centers, and job referral services) for drug and alcohol abuse
29 and dependence provided while the patient is not a resident of a
30 treatment institution, which are community based and located so
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1 as to be quickly and easily accessible to patients.
2 (11) "Prevention and treatment" includes all appropriate
3 forms of educational programs and services (including but not
4 limited to radio, television, films, books, pamphlets, lectures,
5 adult education and school courses); planning, coordinating,
6 statistical, research, training, evaluation, reporting,
7 classification, and other administrative, scientific or
8 technical programs or services; and screening, diagnosis,
9 treatment (emergency medical care, inpatient, intermediate care
10 and outpatient), vocational rehabilitation, job training and
11 referral, and other rehabilitation programs or services.
12 (12) "Courts" includes all courts located in the
13 Commonwealth of Pennsylvania, including magistrates and justices
14 of the peace.
15 (13) "Medical officer" means a physician, approved by the
16 council and appointed by the court to perform the functions
17 herein set forth.
18 (14) "Addict" means any individual who habitually uses any
19 narcotic drug so as to endanger the public morals, health,
20 safety, or welfare, or who is so far addicted to the use of
21 narcotic drugs as to have lost the power of self-control with
22 reference to his addiction.
23 Section 3. Council Established.--(a) There is hereby
24 established a Governor's Council On Drug, Narcotic and Alcohol
25 Abuse which shall develop, plan and administer a comprehensive
26 health, education and rehabilitation program for the prevention
27 and treatment of drug and alcohol abuse and dependence. To the
28 greatest possible extent the council shall make use of existing
29 programs in existing governmental agencies except that the
30 council may initiate its own programs whenever it deems it
19710H0850B1589 - 4 -
1 necessary to carry out the provisions of this act.
2 (b) The council shall be composed as follows:
3 The Governor, who shall serve as chairman of the council,
4 The Attorney General,
5 The Secretary of Health,
6 The Secretary of Public Welfare,
7 The Secretary of Administration,
8 The Secretary of Education,
9 The Secretary of Labor and Industry,
10 The Secretary of Community Affairs,
11 The Executive Director of the Pennsylvania Crime Commission,
12 The Commissioner of the Pennsylvania State Police,
13 The Chairman of the Board of Probation and Parole,
14 The Chairman of the Pharmacy Board,
15 The President Pro Tempore of the Senate,
16 The Speaker of the House of Representatives,
17 The Minority Leader of the Senate,
18 The Minority Leader of the House of Representatives.
19 (c) A majority of the members shall constitute a quorum for
20 the purpose of conducting the business of the council, and
21 exercising all of its powers. Any member shall have the right to
22 designate another person to act in his place and such designee
23 shall be counted in any determination of a quorum. A vote of the
24 majority of the members or designees present shall be sufficient
25 for all actions of the council.
26 (d) The council shall have the power to prescribe, amend and
27 repeal bylaws, rules and regulations governing the manner in
28 which the business of the body is conducted and the manner in
29 which the powers granted to it are exercised. The council may
30 delegate supervision of the administration of council activities
19710H0850B1589 - 5 -
1 to an executive director and such other employes as the chairman
2 shall appoint. Any or all of the responsibilities of the council
3 may be delegated to the director or other designated staff
4 members.
5 (e) The council shall have the power and its duty shall be:
6 (1) To coordinate the efforts of all State agencies in the
7 control, prevention, treatment, rehabilitation, research, and
8 training aspects of the drug and alcohol abuse and dependence
9 problems within the Commonwealth of Pennsylvania.
10 (2) To initiate new programs and develop a master State plan
11 for the control, prevention, treatment, rehabilitation, research
12 and training aspects of drug and alcohol abuse problems. Also,
13 to coordinate the efforts of the Commonwealth with those of the
14 Federal and local governments as well as private agencies.
15 (3) To identify and, when possible, resolve inconsistencies
16 and duplications in the efforts of State agencies with respect
17 to the various aspects of the drug and alcohol abuse and
18 dependence.
19 (4) To collect, organize, and evaluate educational programs
20 and materials dealing with drug or alcohol abuse, dependence and
21 related problems.
22 (5) To distribute the evaluations to local communities, and
23 interested groups or individuals.
24 (6) To acquire and disseminate, to the extent that is
25 feasible, evaluated material which is considered most effective.
26 (7) To take all other actions that will improve or
27 contribute to the Commonwealth's response to the problems of
28 drug and alcohol abuse and dependence.
29 (f) The council shall have the power to do all things
30 necessary or convenient to carry out the powers granted to it by
19710H0850B1589 - 6 -
1 this act.
2 (g) The council may, for the authentication of its records,
3 process and proceedings, adopt, keep and use a common seal of
4 which seal judicial notice shall be taken in all courts of this
5 Commonwealth and any process, writ, notice or other document,
6 which the council may be authorized by law to issue, shall be
7 deemed sufficient if signed by the chairman or secretary of the
8 council and authenticated by such seal. All acts, proceedings,
9 orders, papers, findings, minutes and records of the council and
10 all reports and documents filed with the council, may be proved
11 in any court of this Commonwealth by a copy thereof certified to
12 by the chairman or secretary of the council with the seal of the
13 council attached.
14 (h) In order to enable the council to carry out the
15 provisions of this act, on various matters, it shall have the
16 power to issue subpoenas, requiring the attendance and testimony
17 of, or the production of, pertinent books and papers by persons
18 whom the council believes to have information, books or papers
19 of importance to it in carrying out the purposes and intent of
20 this act. Each member of the council and such officers, employes
21 or others employed in the work of the council designated by the
22 chairman of the council also shall have the power to administer
23 oaths and affirmations, to question witnesses thereunder, and to
24 examine such books and papers. The council may issue
25 commissions, letters rogatory, or other appropriate processes
26 outside the Commonwealth.
27 (i) Any person who refuses to obey a subpoena issued
28 hereunder, or to be sworn or affirmed, or to testify, or who is
29 guilty of any contempt after summons to appear, may be punished
30 as for contempt of court. For this purpose an application may be
19710H0850B1589 - 7 -
1 made by the council to the court of common pleas within the
2 territorial jurisdiction of which the offense was committed, for
3 which purpose, such court is hereby given jurisdiction.
4 (j) The programs and services of the council shall be
5 staffed with an adequate number of personnel, who shall possess
6 appropriate qualifications and competence, and some of whom may
7 formerly have been drug abusers or drug dependent persons or
8 alcoholics. Prior criminal arrests or convictions shall not be a
9 bar to such employment.
10 The council is authorized to establish an administrative unit
11 or units for the purpose of enforcing the provisions of this act
12 and to employ such consultants, assistants, stenographers,
13 inspectors, clerks and other employes as, in its opinion, may be
14 necessary and to fix their compensation subject to the act of
15 April 9, 1929 (P.L.177), known as "The Administrative Code of
16 1929," as amended.
17 (k) (1) The council shall have the authority to promulgate
18 in accordance with the provisions of this section any
19 regulations hereinbefore referred to in this act and such other
20 regulations regarding the possession, sale, purchase or
21 manufacture of drugs, devices or cosmetics as may be necessary
22 to aid in the enforcement of this act.
23 (2) (i) Prior to the promulgation, amendment or repeal of
24 any regulation under this act the council shall give at least
25 thirty days public notice of its proposed action, and shall
26 afford all interested persons an opportunity to present their
27 views thereon either orally or in writing. As soon as
28 practicable thereafter, the council shall either withdraw such
29 proposal or shall promulgate the proposed regulation; (ii) any
30 person aggrieved by the promulgation, amendment or repeal of a
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1 regulation, or by the refusal to promulgate, amend or repeal a
2 regulation, may file objections with the council specifying,
3 with particularity, the reason why such action is deemed
4 objectionable and the grounds for such objection. As soon as
5 possible after the filing of objections, the council shall hold
6 a public hearing for the purpose of receiving evidence relevant
7 to such objections. As soon as practicable after completion of
8 hearings, the council shall issue an appropriate order either
9 confirming, modifying or withdrawing the regulation in question;
10 (iii) any party to proceedings, conducted pursuant to subclause
11 (ii) hereof, aggrieved by the order of the council, shall have a
12 right of appeal in accordance with the provisions of the
13 "Administrative Agency Law," and such order shall be deemed an
14 "adjudication" as that term is defined and used in the
15 "Administrative Agency Law."
16 (l) The "Administrative Agency Law" shall be applicable in
17 its entirety in the administration of this act.
18 Section 4. Administrative Function of the Council.--It shall
19 be the duty of the council with respect to its administrative
20 functions to:
21 (1) Administer services and programs relating to the
22 prevention and treatment of drug and alcohol abuse and
23 dependence in this Commonwealth in accordance with this act;
24 (2) Administer the program for treatment and rehabilitation
25 of criminal offenders established under this act;
26 (3) Review and provide in writing an evaluation of the
27 adequacy and appropriateness of the provisions relating to the
28 prevention and treatment of drug and alcohol abuse and
29 dependence of all comprehensive local health, welfare, and
30 rehabilitation plans submitted to the council pursuant to this
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1 act;
2 (4) Administer the grants and contracts authorized under
3 this act; and
4 (5) Administer any other service or program, or take any
5 other action, consistent with the intent and objectives of this
6 act.
7 Section 5. Planning Functions of the Council.--It shall be
8 the duty of the council with respect to its planning functions
9 to:
10 (1) Develop a detailed and comprehensive drug and alcohol
11 abuse and dependence control plan to implement the objectives
12 and policies of this act. The plan shall be submitted to the
13 General Assembly as soon as practicable, but not later than one
14 year after the enactment date of this act. It shall be reviewed
15 annually and submitted to the General Assembly with any
16 appropriate revisions as part of the council's annual report.
17 The council shall, in developing the comprehensive plan, consult
18 and collaborate with all appropriate Federal and State and local
19 departments, boards, agencies and governmental units, and with
20 appropriate public and private nonprofit agencies, institutions,
21 and organizations. The plan shall specify how all available
22 health, welfare, educational, and rehabilitation resources
23 available to the Commonwealth, and how funds, programs,
24 services, and facilities authorized under existing legislation,
25 are to be utilized;
26 (2) Develop model drug and alcohol abuse and dependence
27 control plans for local governments, utilizing the concepts
28 incorporated in the comprehensive plan. The model plans shall be
29 reviewed on a periodic basis and revised to keep them current.
30 They shall specify how all types of community resources and
19710H0850B1589 - 10 -
1 existing Federal and Commonwealth legislation may be utilized;
2 and
3 (3) Provide assistance and consultation to local
4 governments, public and private nonprofit agencies,
5 institutions, and organizations, and individuals with respect to
6 the prevention and treatment of drug and alcohol abuse and
7 dependence.
8 Section 6. Coordination Functions of the Council.--It shall
9 be the duty of the council with respect to its coordinating
10 functions to:
11 (1) Assist all Commonwealth departments and agencies in the
12 development and maintenance of appropriate prevention, treatment
13 and rehabilitation programs and services for drug and alcohol
14 abuse and dependence;
15 (2) Serve in a consulting capacity to all courts,
16 departments, and agencies, including those responsible for
17 programs affected by this act, and to be responsible for
18 assisting in the development and coordination of a full range of
19 programs, facilities, and services available to them for
20 education, diagnosis, counseling, and treatment with respect to
21 the drug and alcohol abuse and dependence problems they
22 encounter;
23 (3) Coordinate all health and rehabilitation efforts to deal
24 with the problem of drug and alcohol abuse and dependence,
25 including but not limited to those relating to vocational
26 rehabilitation, manpower development and training, older
27 citizens, law enforcement assistance, health research
28 facilities, mental retardation facilities and community mental
29 health centers, juvenile delinquency, health professions,
30 educational assistance, hospital and medical facilities, social
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1 security, community health services, education professions
2 development, higher education, Commonwealth employes health
3 benefits, economic opportunity, comprehensive health planning,
4 elementary and secondary education, highway safety and the civil
5 service laws;
6 (4) Encourage and assist local government programs and
7 services, and programs and services of public and private
8 nonprofit agencies, institutions, and organizations, for the
9 prevention and treatment of drug and alcohol abuse and
10 dependence;
11 (5) Stimulate more effective use of existing resources and
12 available services for the prevention and treatment of drug and
13 alcohol abuse and dependence;
14 (6) Assist local governments in coordinating programs among
15 themselves for the prevention and treatment of drug and alcohol
16 abuse and dependence; and
17 (7) Cooperate with organized medicine to disseminate medical
18 guidelines for the use of controlled drugs and dangerous
19 substances in medical practice. A practitioner may prescribe,
20 administer, or dispense a controlled drug or dangerous substance
21 in the course of his professional practice: (i) in good faith
22 within the scope of the patient relationship, and (ii) in
23 accordance with principles of medical care and treatment
24 accepted by a responsible segment of the medical profession.
25 Section 7. Statistical Functions of the Council.--It shall
26 be the duty of the council with respect to its statistical
27 functions to:
28 (1) Gather and publish statistics pertaining to drug and
29 alcohol abuse and dependence, and related problems; and
30 (2) Promulgate regulations, with the approval of the
19710H0850B1589 - 12 -
1 chairman, specifying uniform statistics to be obtained, records
2 to be maintained, and reports to be submitted, by public and
3 private departments, agencies, organizations, practitioners, and
4 other persons with respect to drug and alcohol abuse and
5 dependence, and related problems. Such statistics and reports
6 shall not reveal the identity of any patient or drug or alcohol
7 dependent person or other confidential information.
8 Section 8. Research Functions of the Council.--It shall be
9 the duty of the council with respect to its research functions
10 to:
11 (1) Conduct and encourage all forms of research,
12 investigations, experiments, and studies relating to the cause,
13 epidemiology, sociological aspects, prevention, diagnosis, and
14 treatment of drug and alcohol abuse and dependence;
15 (2) Conduct, and encourage and assist others to conduct, all
16 forms of research, investigations, experiments, and studies
17 relating to the toxicology, pharmacology, chemistry, effects on
18 the health of drug and alcohol abusers, and danger to the public
19 health, of alcohol and controlled drugs and dangerous
20 substances. Investigation of the use of alcohol or any
21 controlled drug or dangerous substance for therapeutic,
22 research, experimental, or other investigational purposes
23 pursuant to this section shall be by a practitioner or other
24 qualified investigator, and in compliance with the requirements
25 and the law of this Commonwealth. Any such investigation may be
26 prohibited, delayed or terminated only on the grounds that the
27 investigator has materially falsified any application required
28 to be filed prior to the investigation, or has been convicted of
29 a felony under any law relating to controlled dangerous
30 substances, or has had his registration suspended or revoked and
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1 is no longer authorized by law to engage in the dispensing or
2 administration of controlled dangerous substances, or fails to
3 establish adequate procedures to account for dangerous
4 controlled substances or to safeguard adequately his supply of
5 such drugs against diversion from legitimate investigational
6 use;
7 (3) Coordinate research conducted by the council with
8 research conducted by other State agencies, public and private
9 nonprofit agencies, institutions, and organizations, and
10 individuals. To facilitate this activity, the council shall
11 establish and maintain a complete and current register of all
12 practitioners and other qualified investigators engaged in any
13 form of clinical research on alcohol or controlled drugs or
14 controlled dangerous substances listed in Schedule I of "The
15 Drug, Device and Cosmetic Act of 1971." Placement on such
16 register shall be pursuant to an application to the council
17 which shall state: (i) the name, address, and qualifications of
18 the applicant, (ii) the procedures used to account for dangerous
19 controlled substances and to safeguard such substances
20 adequately against diversion from legitimate investigational
21 use, and (iii) an outline of the investigation. Placement on
22 such register may be denied only for cause, and shall constitute
23 registration for purposes of "The Drug, Device and Cosmetic Act
24 of 1971," but shall not authorize the dispensing or
25 administration of alcohol or controlled drugs or controlled
26 dangerous substances to human beings except by persons licensed
27 or otherwise permitted to dispense or administer such substances
28 under applicable State laws;
29 (4) Make available research facilities and resources of the
30 council to appropriate authorities, health officials, and
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1 individuals engaged in investigations or research related to the
2 purposes of this act. Such resources shall include the
3 maintenance of an adequate supply of alcohol and controlled
4 drugs and controlled dangerous substances for investigational
5 and research purposes, and the establishment of criteria
6 pursuant to which any registered investigator is to be
7 authorized to manufacture or otherwise acquire sufficient
8 alcohol, controlled drugs or controlled dangerous substances for
9 his legitimate investigational and research needs;
10 (5) Make grants to, and contracts with, universities,
11 hospitals, laboratories and public and private nonprofit
12 agencies, institutions, and organizations, and individuals for
13 such research;
14 (6) Establish an information center on such research, which
15 will gather and contain all available published and unpublished
16 data and information. All Commonwealth departments and agencies
17 shall send to the council any unpublished data and information
18 pertinent to the cause, prevention, diagnosis, and treatment of
19 drug and alcohol abuse and dependence, and the toxicology,
20 pharmacology, effects on the health of drug and alcohol abusers,
21 and danger to the public health of alcohol and controlled drugs
22 and controlled dangerous substances, and the council shall make
23 such data and information widely available;
24 (7) Investigate methods for the more precise detection and
25 determination of alcohol and narcotic drugs in urine and blood
26 samples, and by other means, and publish on a current basis
27 uniform methodology for such detections and determinations; and
28 (8) Evaluate existing and proposed new programs and services
29 for the prevention and treatment of drug and alcohol abuse and
30 dependence.
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1 Any information obtained through investigation or research
2 conducted pursuant to this section shall be used in ways so that
3 no name or identifying characteristics of any person shall be
4 divulged without the approval of the council and the consent of
5 the person concerned. Persons engaged in research pursuant to
6 this section shall protect the privacy of individuals who are
7 the subject of such research by withholding from all persons not
8 connected with the conduct of such research the names or other
9 identifying characteristics of such individuals. Persons engaged
10 in such research shall protect the privacy of such individuals
11 and may not be compelled in any Federal, State, civil, criminal,
12 administrative, legislative, or other proceeding to identify
13 such individuals.
14 Section 9. Training Functions of the Council.--It shall be
15 the duty of the council with respect to its training functions
16 to:
17 (1) Establish training programs for professional and
18 nonprofessional personnel with respect to drug and alcohol abuse
19 and dependence;
20 (2) Encourage the establishment of training courses for
21 professional and nonprofessional personnel by local governments
22 with respect to drug and alcohol abuse and dependence; and
23 (3) Establish and maintain training fellowships in the
24 council and elsewhere, and provide for such fellowships through
25 grants to public and private nonprofit agencies, institutions
26 and organizations.
27 Section 10. Educational Functions of the Council.--It shall
28 be the duty of the council with respect to its educational
29 functions to:
30 (1) Develop a model curriculum, including the provision of
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1 relevant data and other information, for utilization by
2 elementary and secondary schools for instructing children about
3 drug and alcohol abuse and dependence;
4 (2) Develop a model curriculum, including the provision of
5 relevant data and other information, for utilization by parent-
6 teachers' associations, adult education centers, private citizen
7 groups, or other State or local sources, for instruction of
8 parents and other adults about drug and alcohol abuse and
9 dependence;
10 (3) Prepare a broad variety of educational material for use
11 in all media and to reach all segments of the population, that
12 can be utilized by public and private agencies, institutions,
13 and organizations in educational programs with respect to drug
14 and alcohol abuse and dependence;
15 (4) Establish educational courses, including the provision
16 of relevant data and other information, on the causes and
17 effects of, and treatment for, drug and alcohol abuse and
18 dependence, for law enforcement officials (including prosecuting
19 attorneys, court personnel, the judiciary, probation and parole
20 officers, correctional officers, and other law enforcement
21 personnel), welfare, vocational rehabilitation, and other State
22 and local officials who come in contact with drug and alcohol
23 abuse and dependence problems;
24 (5) Develop educational courses, including the provision of
25 relevant data and other information, on the causes and effects
26 of, and treatment for, drug and alcohol abuse and dependence for
27 use by appropriate local government and private agencies,
28 institutions, and organizations, for local law enforcement
29 officials (including prosecuting attorneys, court personnel, the
30 judiciary, probation and parole officers, correction officials,
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1 and other law enforcement personnel), local welfare, vocational
2 rehabilitation, personnel, and other local officials and
3 community leaders;
4 (6) Serve as a clearinghouse for the collection,
5 preparation, and dissemination of all information relating to
6 drug and alcohol abuse and dependence, including local drug and
7 alcohol abuse and dependence treatment plans, availability of
8 treatment resources, training and educational programs,
9 statistics, research, and other pertinent data and information;
10 (7) Recruit, train, organize, and employ professional and
11 other persons, including former drug and alcohol abusers and
12 drug or alcohol dependent persons, to organize and participate
13 in programs of public education; and
14 (8) Coordinate activities carried on by all departments,
15 agencies and instrumentalities of the Commonwealth with respect
16 to health education aspects of drug and alcohol abuse and
17 undertake such other activities as the council may consider
18 important to a Commonwealth program of education relating to
19 drug and alcohol abuse and drug or alcohol dependence.
20 Section 11. Reporting Functions of the Council.--It shall be
21 the duty of the council with respect to its reporting functions
22 to:
23 (1) Submit an annual report to the General Assembly which
24 shall specify the actions taken and services provided and funds
25 expended under each provision of this act and an evaluation of
26 their effectiveness, and which shall contain the current drug
27 and alcohol abuse and dependence control plan;
28 (2) Submit such additional reports as may be requested by
29 the General Assembly; and
30 (3) Submit to the General Assembly such recommendations as
19710H0850B1589 - 18 -
1 will further the prevention, treatment, and control of drug and
2 alcohol abuse and dependence.
3 Section 12. Treatment and Rehabilitation Services.--(a) The
4 council shall provide at least the following treatment and
5 rehabilitation services for male and female juveniles and adults
6 who are charged with, convicted of, or serving a criminal
7 sentence for any criminal offense under the law of this
8 Commonwealth and are eligible for treatment under this act:
9 (1) Emergency medical services;
10 (2) Inpatient services, which shall not be a part of or at
11 the same location as a correctional institution; and
12 (3) Intermediate care, rehabilitative and outpatient
13 services.
14 The council shall give priority to developing these community
15 based treatment services in cooperation with other State
16 agencies or departments. Reasonable surveillance techniques such
17 as urine analysis may be used for treatment purposes but the
18 results thereof shall remain confidential and may not be used
19 against any patient in any criminal proceeding. Because of the
20 nature and seriousness of the disease a drug or alcohol
21 dependent person can be expected to relapse into drug or alcohol
22 abuse one or more times after the onset of therapy. The decision
23 whether to continue or to modify or to discontinue intermediate
24 care or outpatient treatment after one or more such relapses
25 shall be made on the basis of sound clinical judgment. All
26 reasonable methods of treatment shall be used to prevent their
27 recurrence. Supportive medical care, services, and residential
28 facilities shall be provided for drug or alcohol dependent
29 persons for whom treatment has repeatedly failed and recovery is
30 unlikely so that they may live in a decent and productive
19710H0850B1589 - 19 -
1 manner.
2 (b) The treatment and rehabilitation services authorized by
3 this act may be provided at any available facility approved by
4 the council, including but not limited to State hospitals and
5 institutions, public and private general hospitals, community
6 mental health centers or their contracting agencies, and public
7 and private drug or alcohol dependence and drug and alcohol
8 abuse treatment and rehabilitation centers. The council may
9 contract with any appropriate public or private agency,
10 organization, or institution that has proper and adequate
11 facilities and personnel in order to carry out the purposes of
12 this act.
13 (c) There shall be in each city or region a central office
14 to coordinate and provide information concerning the
15 availability of all such services. The council may determine the
16 area to be served by any such office.
17 (d) Any person assisted under this act may be required to
18 contribute toward the cost of his subsistence, care, or
19 treatment, to the extent that he is financially able to do so,
20 under regulations promulgated by the council. Such regulations
21 shall specify how funds available to any person as a result of
22 his drug or alcohol abuse or drug or alcohol dependence under
23 Federal or State government programs such as social security,
24 welfare, medicare, medicaid, veterans' benefits, and employe
25 health insurance plans and policies, shall be used to contribute
26 to the cost of such treatment so far as practicable without
27 imposing undue hardship on him or his family. No person may be
28 discriminated against on the basis of indigence.
29 Section 13. Emergency Medical Services.--(a) (1) Any person
30 charged with a misdemeanor under Pennsylvania law and who , IN <--
19710H0850B1589 - 20 -
1 THE OPINION OF A QUALIFIED PHYSICIAN, appears to be a drug or
2 alcohol abuser, or who is taken into custody for what appears to <--
3 be a drug related misdemeanor under Pennsylvania law, shall,
4 after preliminary police processing and an opportunity to
5 consult with counsel, promptly be taken for emergency medical
6 services, where he shall either be admitted as a patient or
7 transported to another appropriate health facility for treatment
8 and diagnosis. Upon admission as a patient, such person shall
9 immediately be examined to determine whether: (i) it is probable
10 that he is not a drug or alcohol abuser and has not committed a
11 drug related misdemeanor, or (ii) it is probable that he is not
12 in need of emergency medical services although he may be a drug
13 or alcohol abuser, or (iii) it is probable that he is a drug or
14 alcohol abuser or a drug or alcohol dependent person who is in
15 need of emergency medical services. Such screening shall be
16 completed within twenty-four hours of such person's admission to
17 emergency medical services. Any person determined to fall within
18 subclause (iii) of this clause shall be detained there as long
19 as is necessary to complete emergency medical treatment, to
20 conduct a diagnosis for possible drug or alcohol dependence, but
21 in no event longer than ten days after his submission.
22 (2) Any person determined to fall within subclause (i) or
23 (ii) of clause (1) of this subsection (a) shall be released from
24 emergency medical services immediately upon completion of the
25 initial screening process, and in no event shall he be detained
26 there longer than twenty-four hours. Upon his release from
27 emergency medical services, he shall be handled as in any other
28 criminal case.
29 (3) If a person is determined to fall within subclause (iii)
30 of clause (1) of this subsection (a) and prior to trial on the
19710H0850B1589 - 21 -
1 offense he requests voluntary treatment or civil commitment for
2 treatment in lieu of criminal prosecution, the medical officer
3 shall, after a review of his record, advise the government
4 attorney and the court in writing whether for the treatment and
5 rehabilitation of the person it would be preferable for the
6 criminal charges to be held in abeyance or withdrawn in order to
7 institute either voluntary treatment for his drug or alcohol
8 dependence or treatment for his drug or alcohol dependence under
9 civil commitment, or for the criminal charges to be prosecuted.
10 The government attorney shall exercise his discretion whether to
11 accept the medical officer's advice, but in the event that he
12 does not accept the medical officer's advice he shall state in
13 writing the reasons for his decision.
14 (4) If the criminal charges are prosecuted and such person
15 is convicted, and at the time of conviction he requests
16 probation with treatment or civil commitment for treatment in
17 lieu of criminal punishment, the medical officer shall advise
18 the court in writing whether for the treatment and
19 rehabilitation of the person it would be preferable for him to
20 receive a suspended sentence and probation on the condition that
21 he undergo education and treatment for drug or alcohol abuse and
22 drug or alcohol dependence, or to be civilly committed pursuant
23 to this act for treatment in lieu of criminal punishment, or to
24 receive criminal incarceration. The court shall exercise its
25 discretion whether to accept the medical officer's advice.
26 (5) Any person determined to fall within subclause (iii) of
27 clause (1) of this subsection (a) shall immediately be informed
28 of his right to request any of the procedures for treatment in
29 lieu of criminal prosecution or punishment which are available
30 to him under clause (3) or (4) of this subsection (a) as a
19710H0850B1589 - 22 -
1 result of his diagnosis. If such person is, as a result of his
2 drug or alcohol abuse or drug or alcohol dependence, unable at
3 the time of diagnosis either to understand or to make a rational
4 decision concerning his right to request treatment under such
5 subsections, he shall again be informed of such right as soon as
6 he is able to understand the choices available to him and to
7 make a rational decision concerning them.
8 (6) A criminal charge may be held in abeyance pursuant to
9 clause (3) of this subsection (a) for no longer than one year,
10 after which it is automatically dismissed. A person civilly
11 committed pursuant to this act may be returned to stand trial
12 within a year.
13 (b) (1) Any person charged with a felony under Pennsylvania
14 law and who , IN THE OPINION OF A QUALIFIED PHYSICIAN, appears <--
15 to be a drug or alcohol abuser, or who is taken into custody for <--
16 what appears to be a drug related felony under Pennsylvania law,
17 shall, after preliminary police processing and an opportunity to
18 consult with counsel, promptly be taken for emergency medical
19 care services, where he shall either be admitted as a patient or
20 transported to another appropriate health facility for treatment
21 and diagnosis. Upon admission as a patient, such person shall
22 immediately be examined to determine whether: (i) it is probable
23 that he is not a drug or alcohol abuser and has not committed a
24 drug related felony, or (ii) it is probable that he is not in
25 need of emergency medical services although he may be a drug or
26 alcohol abuser, or (iii) it is probable that he is a drug or
27 alcohol abuser or a drug or alcohol dependent person who is in
28 need of emergency medical services. Such screening shall be
29 completed within twenty-four hours of such person's admission to
30 emergency medical services. Any person determined to fall within
19710H0850B1589 - 23 -
1 subclause (iii) of this clause shall be detained there as long
2 as is necessary to complete emergency medical treatment, to
3 conduct a diagnosis for possible drug or alcohol dependence, but
4 in no event longer than ten days after his admission.
5 (2) Any person determined to fall within subclause (i) or
6 (ii) of clause (1) of this subsection (b) shall be released from
7 emergency medical services immediately upon completion of the
8 initial screening process, and in no event shall he be detained
9 there longer than twenty-four hours. Upon his release from
10 emergency medical services, he shall be handled as in any other
11 criminal case.
12 (3) If a person determined to fall within subclause (iii) of
13 clause (1) of this subsection (b) is diagnosed as not a drug or
14 alcohol dependent person, he shall be handled as in any other
15 criminal case.
16 (4) If a person determined to fall within subclause (iii) of
17 clause (1) of this subsection (b) is diagnosed as a drug or
18 alcohol dependent person and prior to trial on the offense he
19 requests voluntary treatment or civil commitment for treatment
20 in lieu of criminal prosecution, the medical officer shall,
21 after a review of his record, advise the government attorney and
22 the court in writing whether for the treatment and
23 rehabilitation of the person it would be preferable for the
24 criminal charges to be held in abeyance or withdrawn in order to
25 institute either voluntary treatment for his drug or alcohol
26 dependence or treatment for his drug or alcohol dependence under
27 civil commitment, or for the criminal charges to be prosecuted.
28 The government attorney shall exercise his discretion whether to
29 accept the medical officer's advice, but in the event that he
30 does not accept the medical officer's advice he shall state in
19710H0850B1589 - 24 -
1 writing the reasons for his decision.
2 (5) If a person determined to fall within subclause (iii) of
3 clause (1) of this subsection (b) is diagnosed as a drug or
4 alcohol dependent person and he pleads nolo contendere or
5 guilty, or he is found guilty after trial, and at that time he
6 requests probation with treatment or civil commitment for
7 treatment in lieu of criminal punishment, the medical officer
8 shall advise the court in writing whether it would be preferable
9 for the treatment and rehabilitation of the person for him to
10 receive a suspended sentence and probation on the condition that
11 he undergo education and treatment for drug or alcohol abuse and
12 drug or alcohol dependence, or to be civilly committed for
13 treatment in lieu of criminal punishment, or to receive criminal
14 incarceration. The court shall exercise its discretion whether
15 to accept the medical officer's advice.
16 (6) Any person diagnosed as a drug or alcohol dependent
17 person pursuant to clauses (4) or (5) of this subsection (b)
18 shall immediately be informed of his right to request probation
19 with treatment or civil commitment for treatment in lieu of
20 criminal punishment. If such person is, as a result of his drug
21 or alcohol dependence, unable at the time of diagnosis either to
22 understand or to make a rational decision concerning his right
23 to make such a request, he shall again be informed of such right
24 as soon as he is able to understand the choices available to him
25 and to make a rational decision concerning them.
26 (c) Any officer, government attorney, court, or probation or
27 parole officer shall refer any person to the council for
28 handling pursuant to subsection (a) or (b) of this section
29 whenever it appears that such person is a drug or alcohol abuser
30 or that an offense with which he is charged may be drug related.
19710H0850B1589 - 25 -
1 (d) The medical officer shall be given all pertinent records
2 and information with respect to any person handled pursuant to
3 subsection (a) or (b) of this section by any department, agency,
4 officer, government attorney, court or probation or parole
5 officer who has such records or information.
6 Section 14. Civil Commitment for Treatment of Drug or
7 Alcohol Dependence.--(a) Any person who, through the excessive
8 use of drugs or alcoholic beverages, has become unable to care
9 for himself, his family, or his property, or has become a burden
10 on the public, or is in danger of harming himself or others may
11 be committed to the council for treatment and care for drug or
12 alcohol dependence as follows:
13 (1) Court commitment on voluntary application:
14 (i) Any person may apply to the council for commitment. The
15 application shall be in writing, upon forms to be furnished by
16 the council, and shall be signed by the applicant in the
17 presence of at least one witness.
18 (ii) The council, upon receiving such application, shall
19 examine the applicant. If it finds that the applicant is
20 addicted to the excessive use of drugs or alcoholic beverages,
21 and that he is in need of care and will benefit from such
22 treatment, and that facilities are available to receive the
23 applicant, it shall make a certification to that effect, and
24 shall thereupon forward the application, together with its
25 certification, to the court of common pleas of the county
26 wherein the applicant is a resident.
27 (iii) The court, upon receiving the application and
28 certification, shall examine the same, and, in its discretion,
29 may hold a hearing, at which time the applicant shall be
30 present. If it finds the application to be in order, and no
19710H0850B1589 - 26 -
1 reason exists to refuse it, the court shall forthwith order the
2 commitment of the applicant.
3 (iv) The testimony, of the applicant or any other person, at
4 any hearing held on any application may not be used against the
5 applicant in any other judicial proceeding.
6 (2) Court commitment upon petition of certain persons:
7 (i) A petition to commit any person to the council may be
8 presented to the court of common pleas of the county in which
9 such person is a resident or may be found, or if a resident of
10 or found in Philadelphia either to a court of common pleas or to
11 the Municipal Court of Philadelphia, and notice thereof shall be
12 given to the council which shall immediately certify to the
13 court whether facilities are available to receive the person
14 referred to in the petition in the event that the court should
15 order his commitment.
16 (ii) The petition may be made by the spouse, parent, child,
17 legal guardian, the person having the legal custody or liability
18 for his support, his next friend, or any other responsible
19 person.
20 (iii) Whenever a petition is presented, and upon receipt of
21 the council's certification that facilities are available, the
22 court may immediately appoint a commission composed of three
23 persons, two qualified physicians and one attorney-at-law, who
24 shall prepare and file all necessary notices, reports and other
25 papers. Each member of the commission shall receive a fee
26 consistent with the prevailing scale in the county, as
27 determined by the court, for the time he is necessarily employed
28 in the duty of his appointment.
29 (iv) The commission shall hear such evidence as may be
30 offered or as they may require relating to the person sought to
19710H0850B1589 - 27 -
1 be committed who is addicted to the excessive use of drugs or
2 alcoholic beverages, as well as his or his counsel's statement.
3 If such person shall refuse to submit to an examination before
4 the commission, the court may issue a warrant to bring him
5 before the commission for examination.
6 (v) The commission shall make a written report to the court,
7 setting forth whether or not they find that such person is in
8 fact addicted to the excessive use of drugs or alcoholic
9 beverages, and that he is in need of care and will benefit from
10 such treatment, and the facts on which their conclusion is
11 based.
12 (vi) Upon receipt of the petition for the commitment of such
13 person, or of the report of the commission if one has been
14 appointed, the court may fix a day for a hearing, to be held at
15 such place as the court directs. When the hearing is to be held,
16 the court shall notify the parties in interest. The court may
17 require the presence of the person sought to be committed and
18 may exclude the public.
19 (vii) The testimony of any person at any hearing before the
20 commission or the court may not be used against the person who
21 is the subject of the petition in any other judicial proceeding.
22 If the court approves the report of the commission that the
23 person in question is addicted to the excessive use of drugs or
24 alcoholic beverages and that he is in need of care and will
25 benefit from such treatment, the court shall make an order
26 committing such person.
27 (3) Whenever any person is committed in accordance with the
28 provisions of subsection (a) of this section, the court may, at
29 the time of ordering commitment, appoint a guardian of the
30 estate of the person so committed, if it is necessary to protect
19710H0850B1589 - 28 -
1 the interests and estate of such person.
2 (4) Any person committed under any of the provisions of
3 subsection (a) of this section shall thereby be subjected to
4 treatment and confinement for a period not to exceed one year:
5 Provided, however, That he may be released sooner than one year
6 in accordance with the provisions of subsections (d), (e) and
7 (f) of this section.
8 (5) The council in its discretion, may allow a leave of
9 absence to any person whose condition is such as to warrant it,
10 and upon such conditions as it may prescribe for the best
11 interests of such person, including supervision by any
12 nationally recognized scientific and service organizations whose
13 purpose is to treat and rehabilitate persons addicted to the
14 excessive use of drugs or alcoholic beverages: Provided, That
15 the council, upon learning of the violation of any such
16 condition, may, in its discretion, request the committing court
17 for a warrant to return the person to confinement.
18 (6) The council may order and compel the final discharge of
19 any person, committed under the provisions of subsection (a) of
20 this section, as cured, or no longer being in need of care, or
21 as not amenable to treatment.
22 (7) Any person committed under the provisions of subsection
23 (a) of this section shall have the right at any time to secure
24 his release, by writ of habeas corpus, if it appears to the
25 court that such person is cured and not in need of further
26 treatment.
27 (8) The per diem rate for persons receiving care and
28 treatment in the facilities provided for in this act shall be
29 determined by rates established by the council, based on
30 estimates and actual cost of operation: Provided, however, That
19710H0850B1589 - 29 -
1 no person shall be charged at a rate greater than the actual
2 cost of care and treatment.
3 Liability for all cost of treatment and care of any person
4 committed under the provisions of subsection (a) of this section
5 is hereby imposed, in the following order, against:
6 (1) The person's real and personal property.
7 (2) The persons liable for the patient's support.
8 (3) The county in which he resides.
9 (9) (i) In ordering the commitment of any person pursuant to
10 the provisions of subsection (a) of this section, the court, at
11 the time of commitment, shall make an order for the payment of
12 the costs of treatment and care of the patient. The court shall
13 take into consideration the ability to pay of the patient or the
14 persons liable for his support, and shall have the power or duty
15 to modify or revise the order from time to time on cause shown.
16 (ii) Every order shall be entered in the prothonotary's
17 office and shall have the effect of a judgment.
18 (10) All money due the Commonwealth from the estate of a
19 person committed, or the persons liable for his support, or the
20 county in which he resides, for his treatment and care shall be
21 collected by the Department of Revenue, as collection agency for
22 the division, and shall be promptly transmitted by the
23 Department of Revenue to the State Treasurer.
24 (b) (1) The courts may commit to the council for treatment
25 and care for drug or alcohol dependence in lieu of criminal
26 prosecution or punishment for up to a specified period of time a
27 drug or alcohol dependent person who: (i) is charged with a
28 misdemeanor or felony and who, prior to trial on the offense,
29 requests such treatment in lieu of criminal prosecution; or (ii)
30 is charged with a misdemeanor or felony and who, after having
19710H0850B1589 - 30 -
1 pled nolo contendere or guilty to, or having been found guilty
2 of, the offense charged, at the time sentence is imposed
3 requests such treatment in lieu of serving the sentence imposed;
4 or (iii) is serving a criminal sentence and petitions the court
5 for such treatment in lieu of serving the remainder of his
6 sentence.
7 (2) No term of commitment shall be ordered for a period
8 longer than the maximum sentence that could have been imposed
9 for the offense with which the person was charged with respect
10 to subclause (i) of clause (1) of this subsection (b), or for a
11 period longer than the sentence actually imposed with respect to
12 subclauses (ii) or (iii) of clause (1) of this subsection (b). A
13 patient may voluntarily remain in treatment for as long as the
14 medical officer believes warranted.
15 (c) Prior to the commitment of any person pursuant to
16 subsections (a) or (b) of this section the court shall hold a
17 civil hearing without a jury and must find that he is a drug or
18 alcohol dependent person; and appropriate treatment is available
19 for him.
20 (d) The council shall immediately inform the court whenever
21 in its opinion any one of the findings made pursuant to
22 subsection (c) of this section is no longer applicable, or for
23 any reason the person should be unconditionally released.
24 (1) The council shall, after a review of the patient's
25 record, recommend to the court whether the commitment order
26 should be continued, or whether the patient should be
27 unconditionally released, or whether the patient should be
28 returned to stand trial if he was committed under subclause (i)
29 of clause (1) of subsection (b) of this section, or to serve the
30 remainder of his sentence if he was committed under subclauses
19710H0850B1589 - 31 -
1 (ii) or (iii) of clause (1) of subsection (b) of this section,
2 or whether some other appropriate action should be taken. The
3 court shall hold a civil hearing and shall enter an appropriate
4 order.
5 (2) Time spent under civil commitment shall be counted
6 toward any sentence for a person returned to stand trial or to
7 serve the remainder of his sentence.
8 (3) A person committed under this section may be returned to
9 stand trial or to serve the remainder of his sentence if he does
10 not cooperate with an appropriate treatment or care program, or
11 if appropriate treatment or care is ineffective: Provided, That
12 the decision whether to return the person to stand trial or to
13 serve the remainder of his sentence after failure to conform to
14 a schedule for rehabilitation shall be made on the basis of what
15 is most consistent with the rehabilitation of the individual and
16 the safety of the community.
17 (4) Except as otherwise provided herein, no person shall
18 remain committed for treatment or care pursuant to this section
19 after a court determines that any one of the findings made under
20 this act is no longer applicable.
21 (e) A committed person may, upon the expiration of six
22 months following the commitment order, and not more frequently
23 than every six months thereafter, request the council in writing
24 to conduct a review of the current applicability of the required
25 findings, and if the request is timely it shall be granted. The
26 patient may, at his own expense, have one or more qualified
27 physicians participate in this review or conduct an independent
28 review. The council shall, upon the written request of an
29 indigent patient, assist him in obtaining a qualified physician
30 to participate in the review, and such a physician shall be
19710H0850B1589 - 32 -
1 compensated for his services by the council in an amount
2 determined by the council to be fair and reasonable. The council
3 shall report the result of the review to the patient. If the
4 patient is not released as a result of this review he may
5 petition the court for an order directing his release. The court
6 may hold a hearing and shall consider all pertinent evidence and
7 enter an appropriate order. The burden of proof in such a
8 proceeding shall remain on the council.
9 (f) In addition to the right of review upon a patient's
10 written request, the council shall as often as practicable, but
11 not less often than every six months, review a patient's status
12 under the required findings. Any right available to him for
13 obtaining release from confinement, including the right to
14 petition for a writ of habeas corpus, shall also be retained,
15 and the burden of proof in such a proceeding of the continuing
16 existence of the findings upon which the commitment is based
17 shall remain on the council.
18 (g) A committed person or a person detained for treatment
19 may initially be placed in inpatient, intermediate care or
20 outpatient treatment on the basis of sound clinical judgment,
21 except that a person charged with or subject to a prison
22 sentence for a felony shall initially be placed in inpatient
23 treatment unless the court orders otherwise. The council may
24 transfer a committed person or a person detained for treatment
25 between inpatient, intermediate care, and outpatient services
26 without court permission on the basis of sound clinical
27 judgment, except that a court order must be obtained for the
28 transfer from inpatient status of any person charged with or
29 subject to a prison sentence for a felony. No committed person
30 may be unconditionally released without a court order. A
19710H0850B1589 - 33 -
1 committed or detained person has a right to intermediate care
2 and outpatient status, and to unconditional release, as quickly
3 as is consistent with sound clinical judgment and with the
4 safety of other persons and of property.
5 (h) Neither mail nor other communications to or from a
6 person committed pursuant to this section may be read by others
7 or censored except when ordered by a physician for treatment
8 reasons: Provided, That reasonable regulations regarding
9 visiting hours and the use of telephone and telegraph facilities
10 may be adopted, and reasonable precautions may be used to
11 prevent persons from illegally obtaining controlled dangerous
12 substances.
13 (i) Upon the institutions of proceedings for the commitment
14 of a person pursuant to this act, the council shall give such
15 person and his nearest known adult relative a written statement
16 and explanation outlining in simple nontechnical language the
17 procedure and rights set out in this section. If such person is
18 committed, the council shall give him and his nearest known
19 adult relative a further written statement and explanation
20 outlining all release procedures and other rights provided by
21 this section, as well as by other statutes and general legal
22 principles.
23 (j) A specific treatment plan, adopted to each individual,
24 shall be prepared and maintained by the council on a current
25 basis for every patient committed pursuant to this act. It shall
26 show the treatment planned and the treatment provided, in
27 sufficient detail to permit an evaluation or the adequacy of the
28 program for that individual. The plan shall be reviewed by the
29 court in considering the findings required by this act.
30 (k) Each individual treatment plan prepared pursuant to
19710H0850B1589 - 34 -
1 subsection (j) of this section may utilize inpatient,
2 intermediate care, rehabilitative and outpatient services in
3 accordance with principles of medical care and treatment
4 accepted by a responsible segment of the medical profession. All
5 public and private community efforts, including but not limited
6 to welfare services, vocational rehabilitation, and job
7 replacement, shall be utilized as part of outpatient treatment
8 programs to integrate drug or alcohol dependent persons back
9 into society as productive citizens.
10 (l) Any hearing held pursuant to subsections (c), (d) or (e)
11 of this section shall be conducted according to the provisions
12 thereof.
13 Section 15. Drug or Alcohol Abuse Services in Correctional
14 Institutions and on Probation and Parole.--(a) The services
15 established by this act shall be used by the Department of
16 Justice for drug and alcohol abusers or drug and alcohol
17 dependent offenders, including juveniles, placed on work
18 release, probation, parole, or other conditional release. The
19 council and the Bureau of Correction and Board of Probation and
20 Parole shall cooperate in establishing and encouraging the
21 establishment of community based drug and alcohol abuse
22 treatment services and of drug and alcohol abuse treatment
23 services in State and county correctional institutions.
24 (b) The conditional release of any drug or alcohol abuser or
25 drug or alcohol dependent person convicted of any Commonwealth
26 offense may be conditioned on the person's agreement to periodic
27 urine analysis or other means of detecting narcotic drugs within
28 the body.
29 (c) The Bureau of Correction and Board of Probation and
30 Parole may transfer an offender placed on conditional release
19710H0850B1589 - 35 -
1 from one treatment service to another depending upon his
2 response to treatment. The decision whether to retain or to
3 restrict or to revoke probation or parole or other conditional
4 release after failure to conform to a schedule for
5 rehabilitation shall be made on the basis of what is most
6 consistent with both the rehabilitation of the individual and
7 the safety of the community. All reasonable methods of treatment
8 shall be used to prevent relapses and to promote rehabilitation.
9 The council shall provide periodic reports and recommendations
10 to the Bureau of Correction and Board of Probation and Parole on
11 persons being treated pursuant to this section.
12 Section 16. Availability of Criminal Records.--In order to
13 facilitate the treatment and rehabilitation of drug abusers and
14 drug dependent persons, any arrest for a criminal offense under
15 "The Drug, Device and Cosmetic Act of 1971" or under the
16 provisions of Pennsylvania law previously governing narcotics
17 and dangerous drugs shall no longer be available as part of the
18 person's public arrest and other public criminal records when
19 the charges are withdrawn or dismissed or the person is
20 acquitted of the charges.
21 Section 17. Retention of Civil Rights and Liberties.--A
22 person receiving care or treatment under the provisions of this
23 act shall retain his civil rights and liberties except as herein
24 otherwise explicitly provided.
25 Section 18. Confidentiality of Records.--(a) A complete
26 medical, social, occupational, and family history shall be
27 obtained as part of the diagnosis, classification and treatment
28 of a patient pursuant to this act. Copies of all pertinent
29 records from other agencies, practitioners, institutions, and
30 medical facilities shall be obtained in order to develop a
19710H0850B1589 - 36 -
1 complete and permanent confidential personal history for
2 purposes of the patient's treatment.
3 (b) All patient records (including all records relating to
4 any commitment proceeding) prepared or obtained pursuant to this
5 act, and all information contained therein, shall remain
6 confidential, and may be disclosed with the patient's consent
7 only to medical personnel and only for purposes of diagnosis and
8 treatment of the patient or to government or other officials for
9 the purpose of obtaining benefits due the patient as a result of
10 his drug or alcohol abuse or drug or alcohol dependence.
11 Disclosure may be made for purposes unrelated to such treatment
12 or benefits upon an order of a court after application showing
13 good cause therefor. In determining whether there is good cause
14 for disclosure, the court shall weigh the need for the
15 information sought to be disclosed against the possible harm of
16 disclosure to the person to whom such information pertains, the
17 physician-patient relationship, and to the treatment services,
18 and may condition disclosure of the information upon any
19 appropriate safeguards. No such records or information may be
20 used to initiate or substantiate charges against a patient under
21 any circumstances.
22 (c) All patient records and all information contained
23 therein relating to drug or alcohol abuse or drug or alcohol
24 dependence prepared or obtained by a private practitioner shall
25 remain confidential and may be disclosed only with the patient's
26 consent and only to medical personnel for purposes of diagnosis
27 and treatment of the patient or to government or other officials
28 for the purpose of obtaining benefits due the patient as a
29 result of his drug or alcohol abuse or drug or alcohol
30 dependence.
19710H0850B1589 - 37 -
1 Section 19. Welfare.--(a) Drug and alcohol abuse and
2 dependence shall, for the purpose of all State welfare programs
3 be regarded as a major health and economic problem.
4 (b) State agencies charged with administering such welfare
5 programs shall take action to reduce the incidence of financial
6 indigency and family disintegration caused by drug and alcohol
7 abuse and dependence, and shall provide for treatment and
8 rehabilitation services for those persons enrolled in welfare
9 programs whose financial eligibility for such assistance
10 results, in part or in whole, from drug and alcohol dependence.
11 (c) Persons otherwise eligible for such welfare assistance
12 shall not be ineligible for such assistance because of drug and
13 alcohol abuse and dependence unless they refuse to accept
14 treatment and rehabilitation services. Any person whose
15 financial eligibility for such assistance results in whole or in
16 part, from drug and alcohol abuse or dependence shall be
17 provided the services of appropriate treatment and
18 rehabilitation services upon a certification by a responsible
19 medical officer that (i) the services will more likely than not
20 be appropriate for the recipient, and (ii) the services can
21 accommodate the recipient. After such certification,
22 participation by the recipient in the program shall be a
23 requirement for continuing eligibility for such assistance, in
24 the absence of good cause for nonparticipation.
25 (d) Any recipient of welfare assistance whose inability to
26 work or to participate in a work training program is the result
27 of drug and alcohol abuse or dependence shall be excused from
28 such participation only on condition that he accept appropriate
29 treatment and rehabilitation services made available to him.
30 (e) The council shall promulgate appropriate regulations and
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1 offer technical assistance to the departments and agencies of
2 the Commonwealth in providing programs of education about drug
3 and alcohol abuse and drug and alcohol dependence for children
4 of school age and adults responsible for them, and appropriate
5 treatment for children physically or mentally damaged or
6 otherwise affected, as a result of drug or alcohol abuse or drug
7 or alcohol dependence on the part of such children and other
8 children or adults with whom they have significant contact.
9 Section 20. General.--Drug and alcohol abuse or dependence
10 shall be regarded as a health problem, sickness, illness,
11 disease, disability, or similar term, for purposes of all
12 legislation relating to health, welfare, and rehabilitation
13 programs, services, funds and other benefits. Any legislation
14 providing for medical assistance, medical care, treatment,
15 rehabilitation or other similar services, shall be regarded as
16 including programs and services for the prevention and treatment
17 of drug and alcohol abuse and dependence.
18 Section 21. Grants and Contracts for the Prevention and
19 Treatment of Drug and Alcohol Abuse and Dependence.--(a) The
20 council is authorized to make grants and enter into contracts
21 for the prevention and treatment of drug and alcohol abuse and
22 dependence to assist local governments and public and private
23 nonprofit agencies, institutions, and organizations to:
24 (1) Meet the costs of equipment and operating treatment and
25 rehabilitation facilities including but not limited to emergency
26 medical, inpatient, intermediate care, rehabilitative and
27 outpatient facilities for drug or alcohol abusers and drug or
28 alcohol dependent persons and to assist them to meet, for the
29 temporary periods specified in subsection (b) of this section, a
30 portion of the costs of compensation of personnel for the
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1 initial operation of such facilities, and of new services in
2 existing facilities for drug or alcohol abusers and drug or
3 alcohol dependent persons;
4 (2) Conduct research, demonstration, and evaluation
5 projects, including surveys and field trials, looking toward the
6 development of improved, expanded, and more effective methods of
7 prevention and treatment of drug or alcohol abuse and drug or
8 alcohol dependence;
9 (3) Provide education and training for professional
10 personnel, including medical, psychiatric, vocational
11 rehabilitation, and social welfare personnel, in academic and
12 professional institutions and in postgraduate courses, about the
13 prevention and treatment of drug and alcohol abuse and drug and
14 alcohol dependence, and provide training for such personnel in
15 the administration, operation, and supervision of programs and
16 services for the prevention and treatment of drug and alcohol
17 abuse and drug and alcohol dependence;
18 (4) Recruit, educate, train, organize, and employ community
19 drug and alcohol abuse and drug and alcohol dependence
20 prevention and treatment personnel to serve with and under the
21 direction of professional medical, psychiatric, vocational
22 rehabilitation, and social welfare personnel in drug and alcohol
23 abuse and drug and alcohol dependence and prior criminal arrests
24 or convictions shall not be a bar to such employment;
25 (5) Provide services in correctional and penal institutions
26 for the prevention and treatment of drug and alcohol abuse and
27 drug and alcohol dependence;
28 (6) Provide services, in cooperation with schools, law
29 enforcement agencies, courts and other public and private
30 nonprofit agencies, institutions, and organizations, for the
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1 prevention and treatment of drug and alcohol abuse and drug and
2 alcohol dependence among juveniles and young adults. These
3 services where feasible shall include curricula for drug and
4 alcohol abuse education in elementary and secondary schools, and
5 among parents and other adults;
6 (7) Provide programs and services, in cooperation with local
7 law enforcement agencies, the courts, and other public and
8 private nonprofit agencies, institutions, and organizations, for
9 the instruction of law enforcement officers, prosecuting
10 attorneys, court personnel, the judiciary, probation and parole
11 officers, correctional officials and legal aid, public defender,
12 and neighborhood legal services attorneys with respect to the
13 causes, effects, prevention, and treatment of drug or alcohol
14 abuse and drug or alcohol dependence. Such programs and services
15 shall include, where possible a full range of services available
16 to State and local courts for diagnosis, counseling, and
17 treatment for drug or alcohol abuse and drug or alcohol
18 dependence for persons coming before the courts;
19 (8) Provide services for outpatient counseling of drug and
20 alcohol abusers and drug and alcohol dependent persons to
21 include employment, welfare, legal, education, and other
22 assistance, in cooperation and coordination with welfare and
23 rehabilitation personnel;
24 (9) Develop or evaluate curriculums on drug and alcohol
25 abuse prevention and treatment, including the preparation of new
26 and improved curricular materials for use in elementary,
27 secondary, college, and adult education programs;
28 (10) Develop or evaluate a program of dissemination of
29 curricular material;
30 (11) Provide training programs on drug and alcohol abuse and
19710H0850B1589 - 41 -
1 drug and alcohol dependence (including courses of study,
2 institutes, seminars, films, workshops, and conferences) for
3 teachers, counselors, and other educational personnel;
4 (12) Provide community education programs on drug and
5 alcohol abuse (including courses of study, institutes, seminars,
6 films, workshops, and conferences) especially for parents and
7 other adults in the community;
8 (13) Assist local education agencies in the planning,
9 development, and implementation of drug and alcohol abuse
10 education programs; and
11 (14) Develop educational material and programs about the
12 prevention and treatment of, and problems arising from, drug or
13 alcohol abuse and drug and alcohol dependence, for use of
14 distribution by any form of mass media.
15 (b) The amount of any grant made under subsection (a) of
16 this section shall not exceed fifty per cent of the cost of the
17 program or project specified in the application for such grant
18 and may be made only for the period beginning with the first day
19 for which such a grant is made and ending with the close of five
20 years after such first day. Such grants may not exceed sixty per
21 cent of such costs for the period ending with the close of the
22 twenty-fourth month following such first day, forty per cent of
23 such costs for the first year thereafter, thirty per cent of
24 such costs for the second year thereafter and twenty per cent of
25 such costs of the third year thereafter.
26 Section 22. Admission to Private and Public Hospitals.--Drug
27 and alcohol abusers and dependent persons shall be admitted to
28 and treated in secure and appropriate facilities of private and
29 public hospitals on the basis of medical need and shall not be
30 discriminated against because of their drug or alcohol abuse or
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1 dependence. Any hospital that violates this section shall not
2 receive financial assistance under the provisions of this act or
3 any other law of this Commonwealth. No such action shall be
4 taken without due notice by the council to the appropriate
5 person or persons of the failure to comply with this section,
6 and an opportunity for a correction or a hearing as provided by
7 law. Actions taken under this section shall be subject to
8 judicial review as provided by the "Administrative Agency Law."
9 Section 23. Advisory Committee on Drug and Alcohol Abuse and
10 Dependence.--(a) The Governor shall appoint an Advisory
11 Committee on Drug and Alcohol Abuse and Dependence, to consist
12 of fifteen qualified persons who have knowledge of and an
13 interest in the subject, to represent different geographical
14 regions and occupations, and some of whom must formerly have
15 been drug or alcohol abusers or drug dependent persons, to
16 advise and consult with the council and to assist them in
17 carrying out the provisions of this act.
18 (b) The members of the committee shall elect a chairman, who
19 shall serve a one-year term but may be reelected. The members of
20 the committee shall be appointed for three-year terms, but of
21 the members first appointed, five shall be appointed for a one-
22 year term, five for a two-year term and five for a three-year
23 term. Each member shall serve until his successor is appointed.
24 (c) The committee shall meet at least once every two months,
25 and may meet more often. It shall consult at regular intervals
26 with representatives of the Commonwealth and political
27 subdivisions thereof, and with the judiciary, corrections,
28 probation, vocational rehabilitation, public welfare, parole and
29 other agencies as may become involved in a total treatment and
30 rehabilitation effort to control drug and alcohol abuse and
19710H0850B1589 - 43 -
1 dependence.
2 (d) The members of the committee shall serve without
3 compensation but may be reimbursed for actual expenses incurred.
4 Section 24. Law Enforcement Officials.--Because of full
5 cooperation of law enforcement officials is essential for the
6 effective implementation of the provisions of this act, the
7 council shall, in cooperation with the Attorney General, the
8 police, the courts, and other public and private agencies,
9 provide services and consultation for the education of
10 policemen, prosecuting attorneys, court personnel, the
11 judiciary, probation and parole officers, correctional
12 officials, and other law enforcement personnel, with respect to
13 the cause, effects and treatment for drug and alcohol abuse and
14 dependence. Further, the council shall foster and coordinate a
15 full range of services available to the courts for diagnosis,
16 counseling and treatment for drug and alcohol abuse and
17 dependence for persons coming before the courts.
18 Section 25. Programs.--None of the programs established by
19 this act shall go into effect until the council shall publicly
20 certify that the funds and facilities requisite thereto are
21 available.
22 Section 26. Savings Provision.--The provisions of this act
23 shall not affect any act done, liability incurred, or right
24 accrued or vested, or affect any suit or prosecution pending to
25 enforce any right or penalty or punish any offense under the
26 authority of any act of Assembly, or part thereof, repealed by
27 this act.
28 Section 27. Severability.--The provisions of this act are
29 severable and, if any provision or part hereof shall be held
30 invalid or unconstitutional or inapplicable to any person or
19710H0850B1589 - 44 -
1 circumstances, such invalidity, unconstitutionality or
2 inapplicability shall not affect or impair the remaining
3 provisions of the act. It is hereby declared to be the
4 legislative intent that this act would have been adopted if such
5 invalid, unconstitutional or inapplicable provisions had not
6 been included therein.
7 Section 28. Repealer.--The act of August 20, 1953
8 (P.L.1212), entitled "An act providing for the study of the
9 problems of alcoholism; the treatment, commitment,
10 rehabilitation and protection of persons addicted to the
11 excessive use of alcoholic beverages; conferring powers and
12 imposing duties upon the courts and the Department of Health;
13 and making an appropriation," is repealed absolutely except that
14 section 4 of such act shall remain in full force and effect
15 until such time as the General Assembly enacts into law a
16 provision for the establishment and maintenance of facilities as
17 provided by such section.
18 Section 29. Effective Date.--This act shall take effect
19 sixty days after the enactment thereof.
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