SENATE AMENDED
PRIOR PRINTER'S NOS. 939, 1490, 1545, PRINTER'S NO. 2509
1589, 2431
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 SECOND CONSIDERATION, IN SENATE, FEBRUARY 15, 1972
AN ACT
1 Establishing the Governor's Council On Drug Narcotic and Alcohol <--
2 Abuse COUNCIL; imposing duties on the council to develop and <--
3 coordinate THE IMPLEMENTATION OF a comprehensive health, <--
4 education and rehabilitation program for the prevention and
5 treatment of drug and alcohol abuse and drug and alcohol
6 dependence; providing for short term civil commitment for <--
7 emergency medical treatment; providing for civil commitment <--
8 for treatment of TREATMENT AND REHABILITATION ALTERNATIVES TO <--
9 THE CRIMINAL PROCESS FOR drug and alcohol dependence;
10 repealing an act; and providing penalties. AND MAKING <--
11 REPEALS.
12 The General Assembly of the Commonwealth of Pennsylvania
1 hereby enacts as follows:
2 Section 1. Short Title.--This act shall be known and may be
3 cited as the "Pennsylvania Drug Narcotic and Alcohol Abuse <--
4 Control Act." of 1971." <--
5 Section 2. Definitions:
6 (1) (A) The definitions contained and used in "The THE <--
7 CONTROLLED SUBSTANCE, Drug, Device and Cosmetic Act of 1971," <--
8 shall also apply for the purposes of this act.
9 (B) AS USED IN THIS ACT: <--
10 "CONTROLLED SUBSTANCE" MEANS A DRUG, SUBSTANCE, OR IMMEDIATE
11 PRECURSOR IN SCHEDULES I THROUGH V OF THE CONTROLLED SUBSTANCE,
12 DRUG, DEVICE AND COSMETIC ACT.
13 (2) "Council" means the Governor's Council On Drug Narcotic <--
14 and Alcohol Abuse COUNCIL established by this act. <--
15 "COURT" MEANS ALL COURTS OF THE COMMONWEALTH OF PENNSYLVANIA, <--
16 INCLUDING MAGISTRATES AND JUSTICES OF THE PEACE.
17 (3) "Director" means the Executive Director of the <--
18 Governor's Council On Drug Narcotic and Alcohol Abuse appointed <--
19 pursuant to this act. COUNCIL. <--
20 "DRUG" MEANS (I) SUBSTANCES RECOGNIZED IN THE OFFICIAL UNITED <--
21 STATES PHARMACOPEIA, OR OFFICIAL NATIONAL FORMULARY, OR ANY
22 SUPPLEMENT TO EITHER OF THEM; AND (II) SUBSTANCES INTENDED FOR
23 USE IN THE DIAGNOSIS, CURE, MITIGATION, TREATMENT OR PREVENTION
24 OF DISEASE IN MAN OR OTHER ANIMALS; AND (III) SUBSTANCES (OTHER
25 THAN FOOD) INTENDED TO AFFECT THE STRUCTURE OR ANY FUNCTION OF
26 THE BODY OF MAN OR OTHER ANIMALS; AND (IV) SUBSTANCES INTENDED
27 FOR USE AS A COMPONENT OF ANY ARTICLE SPECIFIED IN CLAUSE (I),
28 (II) OR (III), BUT NOT INCLUDING DEVICES OR THEIR COMPONENTS,
29 PARTS OR ACCESSORIES. PROVIDED, THAT THE DRUG PROVISIONS OF THIS <--
30 ACT SHALL NOT APPLY TO MEDICATED FEED INTENDED FOR AND USED
19710H0850B2509 - 2 -
1 EXCLUSIVELY AS FOOD FOR ANIMALS OTHER THAN MAN: AND PROVIDED
2 FURTHER, THAT THE DRUG PROVISIONS AS PROVIDED IN THIS ACT SHALL
3 NOT APPLY TO SUCH VITAMINS, MINERALS AND CHEMICALS WHEN USED IN
4 THE PROCESSING AND MANUFACTURE OF FOODS AND NONALCOHOLIC
5 BEVERAGES SPECIFICALLY PERMITTED UNDER EXISTING STATE AND
6 FEDERAL STATUTES AS FOOD AND COLOR ADDITIVES.
7 (4) "Drug abuser" means any person who uses any controlled <--
8 drug, controlled dangerous substance or alcohol under <--
9 circumstances that constitute a violation of the law.
10 (5) "Drug dependent person" means a person who is using a <--
11 controlled drug, controlled dangerous substance or alcohol, and <--
12 who is in a state of psychic or physical dependence, or both,
13 arising from administration of that drug, CONTROLLED substance <--
14 or alcohol on a continuing basis. Such dependence is
15 characterized by behavioral and other responses which include a
16 strong compulsion to take the drug, CONTROLLED substance or <--
17 alcohol on a continuous basis in order to experience its psychic
18 effects, or to avoid the discomfort of its absence. An alcoholic <--
19 is a drug dependent person who is dependent on alcohol.
20 (6) "Drug related offense" means any criminal offense
21 committed by a dependent person as herein defined: (i) to
22 satisfy his dependence or to obtain funds to satisfy his
23 dependence; or (ii) while under and as a result of the influence
24 of a controlled drug or controlled dangerous substance:
25 Provided, That the term shall not include criminal offenses
26 committed while under and as a result of the influence of
27 alcohol.
28 (7) "Emergency medical services" includes all appropriate
29 short term services for the acute effects of abuse and
30 dependence which: (i) are available twenty-four hours a day;
19710H0850B2509 - 3 -
1 (ii) are community based and located so as to be quickly and
2 easily accessible to patients; (iii) are affiliated with and
3 constitute an integral (but not necessarily physical) part of
4 the general medical services of a general hospital; and (iv)
5 provide drug and alcohol withdrawal and other appropriate
6 medical care and treatment, professional MEDICAL examination, <--
7 diagnosis, and classification with respect to possible
8 dependence, and referral for other treatment and rehabilitation.
9 (8) "Government attorney" means an attorney authorized to <--
10 represent the Commonwealth or any political subdivision thereof <--
11 with respect to IN ANY JUDICIAL PROCEEDING WITHIN THE SCOPE OF <--
12 this act.
13 (9) "Inpatient services" includes all treatment and <--
14 rehabilitation services for drug and alcohol abuse and
15 dependence provided for a resident patient while he spends part <--
16 FULL time in a treatment institution (including but not limited <--
17 to a HOSPITAL, rehabilitative center, half-way house RESIDENTIAL <--
18 FACILITY, hostel or foster home) which is community based and <--
19 located so as to be quickly and easily accessible to patients.
20 HOME. <--
21 (10) "Outpatient services" includes MEANS all treatment and <--
22 rehabilitation services, (including but not limited to clinics, <--
23 social centers, MEDICAL, PSYCHOLOGICAL vocational AND SOCIAL <--
24 rehabilitational services, welfare centers, and job referral <--
25 services) for drug and alcohol abuse and dependence provided
26 while the patient is not a resident of a treatment institution.
27 which are community based and located so as to be quickly and <--
28 easily accessible to patients.
29 (11) "Prevention and treatment" includes MEANS all <--
30 appropriate forms of educational programs and services
19710H0850B2509 - 4 -
1 (including but not limited to radio, television, films, books,
2 pamphlets, lectures, adult education and school courses);
3 planning, coordinating, statistical, research, training,
4 evaluation, reporting, classification, and other administrative,
5 scientific or technical programs or services; and screening,
6 diagnosis, treatment (emergency medical care SERVICES, inpatient <--
7 SERVICES, intermediate care and outpatient SERVICES), vocational <--
8 rehabilitation, job training and referral, and other
9 rehabilitation programs or services.
10 (12) "Courts" includes all courts located in the <--
11 Commonwealth of Pennsylvania, including magistrates and justices
12 of the peace.
13 (13) "Medical officer" means a physician, approved by the
14 council and appointed by the court to perform the functions
15 herein set forth.
16 (14) "Addict" means any individual who habitually uses any
17 narcotic drug so as to endanger the public morals, health,
18 safety, or welfare, or who is so far addicted to the use of
19 narcotic drugs as to have lost the power of self-control with
20 reference to his addiction.
21 "STATE PLAN" MEANS THE MASTER STATE PLAN FOR THE CONTROL, <--
22 PREVENTION, TREATMENT, REHABILITATION, RESEARCH, EDUCATION AND
23 TRAINING ASPECTS OF DRUG AND ALCOHOL ABUSE AND DEPENDENCE
24 PROBLEMS.
25 "WELFARE ASSISTANCE" MEANS "ASSISTANCE" AS DEFINED IN SECTION
26 402 OF THE PUBLIC WELFARE CODE AND "STATE BLIND PENSION" AS
27 DEFINED BY SECTION 502 OF THE PUBLIC WELFARE CODE.
28 Section 3. Council Established.--(a) There is hereby
29 established a Governor's Council On Drug Narcotic and Alcohol <--
30 Abuse COUNCIL which shall develop, plan and administer ADOPT AND <--
19710H0850B2509 - 5 -
1 COORDINATE THE IMPLEMENTATION OF a comprehensive health,
2 education and rehabilitation program for the prevention and
3 treatment of drug and alcohol abuse and dependence. To the <--
4 greatest possible extent the council shall make use of existing
5 programs in existing governmental agencies except that the
6 council may initiate its own programs whenever it deems it
7 necessary to carry out the provisions of this act.
8 (b) The council shall be composed as follows:
9 The Governor, who shall serve as chairman of the council,
10 The Attorney General,
11 The Secretary of Health,
12 The Secretary of Public Welfare,
13 The Secretary of Administration, <--
14 The Secretary of Education,
15 The Secretary of Labor and Industry,
16 The Secretary of Community Affairs,
17 The Executive Director of the Pennsylvania Crime Commission, <--
18 The Commissioner of the Pennsylvania State Police,
19 The Chairman of the Board of Probation and Parole,
20 The Chairman of the Pharmacy Board, AND FIVE PUBLIC MEMBERS <--
21 NOT OFFICERS OR EMPLOYES OF THE COMMONWEALTH, ONE APPOINTED BY
22 THE PRESIDENT PRO TEMPORE OF THE SENATE, ONE APPOINTED BY THE
23 SPEAKER OF THE HOUSE OF REPRESENTATIVES, ONE APPOINTED BY THE
24 MINORITY LEADER OF THE SENATE, ONE APPOINTED BY THE MINORITY
25 LEADER OF THE HOUSE OF REPRESENTATIVES AND ONE APPOINTED BY THE
26 GOVERNOR.
27 The President Pro Tempore of the Senate, <--
28 The Speaker of the House of Representatives,
29 The Minority Leader of the Senate,
30 The Minority Leader of the House of Representatives.
19710H0850B2509 - 6 -
1 (c) A majority of the members shall constitute a quorum for
2 the purpose of conducting the business of the council, and
3 exercising all of its powers. Any member shall have the right to
4 designate another person to act in his place and such designee
5 shall be counted in any determination of a quorum. A vote of the
6 majority of the members or designees present shall be sufficient
7 for all actions of the council.
8 (d) The council shall have the power to prescribe, amend and <--
9 repeal bylaws, rules and regulations governing the manner in
10 which the business of the body is conducted and the manner in
11 which the powers granted to it are exercised. The council may
12 delegate supervision of the administration of council activities
13 to an executive director and such other employes as the chairman
14 shall appoint. Any or all of the responsibilities of the council
15 may be delegated to the director or other designated staff
16 members.
17 (e) The council shall have the power and its duty shall be:
18 (1) To coordinate the efforts of all State agencies in the
19 control, prevention, treatment, rehabilitation, research, and
20 training aspects of the drug and alcohol abuse and dependence
21 problems within the Commonwealth of Pennsylvania.
22 (2) To initiate new programs and develop a master State plan
23 for the control, prevention, treatment, rehabilitation, research
24 and training aspects of drug and alcohol abuse problems. Also,
25 to coordinate the efforts of the Commonwealth with those of the
26 Federal and local governments as well as private agencies.
27 (3) To identify and, when possible, resolve inconsistencies
28 and duplications in the efforts of State agencies with respect
29 to the various aspects of the drug and alcohol abuse and
30 dependence.
19710H0850B2509 - 7 -
1 (4) To collect, organize, and evaluate educational programs
2 and materials dealing with drug or alcohol abuse, dependence and
3 related problems.
4 (5) To distribute the evaluations to local communities, and
5 interested groups or individuals.
6 (6) To acquire and disseminate, to the extent that is
7 feasible, evaluated material which is considered most effective.
8 (7) To take all other actions that will improve or
9 contribute to the Commonwealth's response to the problems of
10 drug and alcohol abuse and dependence.
11 (f) The council shall have the power to do all things
12 necessary or convenient to carry out the powers granted to it by
13 this act.
14 (g) The council may, for the authentication of its records,
15 process and proceedings, adopt, keep and use a common seal of
16 which seal judicial notice shall be taken in all courts of this
17 Commonwealth and any process, writ, notice or other document,
18 which the council may be authorized by law to issue, shall be
19 deemed sufficient if signed by the chairman or secretary of the
20 council and authenticated by such seal. All acts, proceedings,
21 orders, papers, findings, minutes and records of the council and
22 all reports and documents filed with the council, may be proved
23 in any court of this Commonwealth by a copy thereof certified to
24 by the chairman or secretary of the council with the seal of the
25 council attached.
26 (h) In order to enable the council to carry out the
27 provisions of this act, on various matters, it shall have the
28 power to issue subpoenas, requiring the attendance and testimony
29 of, or the production of, pertinent books and papers by persons
30 whom the council believes to have information, books or papers
19710H0850B2509 - 8 -
1 of importance to it in carrying out the purposes and intent of
2 this act. Each member of the council and such officers, employes
3 or others employed in the work of the council designated by the
4 chairman of the council also shall have the power to administer
5 oaths and affirmations, to question witnesses thereunder, and to
6 examine such books and papers. The council may issue
7 commissions, letters rogatory, or other appropriate processes
8 outside the Commonwealth.
9 (i) Any person who refuses to obey a subpoena issued
10 hereunder, or to be sworn or affirmed, or to testify, or who is
11 guilty of any contempt after summons to appear, may be punished
12 as for contempt of court. For this purpose an application may be
13 made by the council to the court of common pleas within the
14 territorial jurisdiction of which the offense was committed, for
15 which purpose, such court is hereby given jurisdiction.
16 (j) The programs and services of the council shall be
17 staffed with an adequate number of personnel, who shall possess
18 appropriate qualifications and competence, and some of whom may
19 formerly have been drug abusers or drug dependent persons or
20 alcoholics. Prior criminal arrests or convictions shall not be a
21 bar to such employment.
22 The council is authorized to establish an administrative unit
23 or units for the purpose of enforcing the provisions of this act
24 and to employ such consultants, assistants, stenographers,
25 inspectors, clerks and other employes as, in its opinion, may be
26 necessary and to fix their compensation subject to the act of
27 April 9, 1929 (P.L.177), known as "The Administrative Code of
28 1929," as amended.
29 (k) (1) The council shall have the authority to promulgate
30 in accordance with the provisions of this section any
19710H0850B2509 - 9 -
1 regulations hereinbefore referred to in this act and such other
2 regulations regarding the possession, sale, purchase or
3 manufacture of drugs, devices or cosmetics as may be necessary
4 to aid in the enforcement of this act.
5 (2) (i) Prior to the promulgation, amendment or repeal of
6 any regulation under this act the council shall give at least
7 thirty days public notice of its proposed action, and shall
8 afford all interested persons an opportunity to present their
9 views thereon either orally or in writing. As soon as
10 practicable thereafter, the council shall either withdraw such
11 proposal or shall promulgate the proposed regulation; (ii) any
12 person aggrieved by the promulgation, amendment or repeal of a
13 regulation, or by the refusal to promulgate, amend or repeal a
14 regulation, may file objections with the council specifying,
15 with particularity, the reason why such action is deemed
16 objectionable and the grounds for such objection. As soon as
17 possible after the filing of objections, the council shall hold
18 a public hearing for the purpose of receiving evidence relevant
19 to such objections. As soon as practicable after completion of
20 hearings, the council shall issue an appropriate order either
21 confirming, modifying or withdrawing the regulation in question;
22 (iii) any party to proceedings, conducted pursuant to subclause
23 (ii) hereof, aggrieved by the order of the council, shall have a
24 right of appeal in accordance with the provisions of the
25 "Administrative Agency Law," and such order shall be deemed an
26 "adjudication" as that term is defined and used in the
27 "Administrative Agency Law."
28 (l) The "Administrative Agency Law" shall be applicable in
29 its entirety in the administration of this act.
30 Section 4. Administrative Function of the Council.--It shall
19710H0850B2509 - 10 -
1 be the duty of the council with respect to its administrative
2 functions to:
3 (1) Administer services and programs relating to the
4 prevention and treatment of drug and alcohol abuse and
5 dependence in this Commonwealth in accordance with this act;
6 (2) Administer the program for treatment and rehabilitation
7 of criminal offenders established under this act;
8 (3) Review and provide in writing an evaluation of the
9 adequacy and appropriateness of the provisions relating to the
10 prevention and treatment of drug and alcohol abuse and
11 dependence of all comprehensive local health, welfare, and
12 rehabilitation plans submitted to the council pursuant to this
13 act;
14 (4) Administer the grants and contracts authorized under
15 this act; and
16 (5) Administer any other service or program, or take any
17 other action, consistent with the intent and objectives of this
18 act.
19 Section 5. Planning Functions of the Council.--It shall be
20 the duty of the council with respect to its planning functions
21 to:
22 (1) Develop a detailed and comprehensive drug and alcohol
23 abuse and dependence control plan to implement the objectives
24 and policies of this act. The plan shall be submitted to the
25 General Assembly as soon as practicable, but not later than one
26 year after the enactment date of this act. It shall be reviewed
27 annually and submitted to the General Assembly with any
28 appropriate revisions as part of the council's annual report.
29 The council shall, in developing the comprehensive plan, consult
30 and collaborate with all appropriate Federal and State and local
19710H0850B2509 - 11 -
1 departments, boards, agencies and governmental units, and with
2 appropriate public and private nonprofit agencies, institutions,
3 and organizations. The plan shall specify how all available
4 health, welfare, educational, and rehabilitation resources
5 available to the Commonwealth, and how funds, programs,
6 services, and facilities authorized under existing legislation,
7 are to be utilized;
8 (2) Develop model drug and alcohol abuse and dependence
9 control plans for local governments, utilizing the concepts
10 incorporated in the comprehensive plan. The model plans shall be
11 reviewed on a periodic basis and revised to keep them current.
12 They shall specify how all types of community resources and
13 existing Federal and Commonwealth legislation may be utilized;
14 and
15 (3) Provide assistance and consultation to local
16 governments, public and private nonprofit agencies,
17 institutions, and organizations, and individuals with respect to
18 the prevention and treatment of drug and alcohol abuse and
19 dependence.
20 Section 6. Coordination Functions of the Council.--It shall
21 be the duty of the council with respect to its coordinating
22 functions to:
23 (1) Assist all Commonwealth departments and agencies in the
24 development and maintenance of appropriate prevention, treatment
25 and rehabilitation programs and services for drug and alcohol
26 abuse and dependence;
27 (2) Serve in a consulting capacity to all courts,
28 departments, and agencies, including those responsible for
29 programs affected by this act, and to be responsible for
30 assisting in the development and coordination of a full range of
19710H0850B2509 - 12 -
1 programs, facilities, and services available to them for
2 education, diagnosis, counseling, and treatment with respect to
3 the drug and alcohol abuse and dependence problems they
4 encounter;
5 (3) Coordinate all health and rehabilitation efforts to deal
6 with the problem of drug and alcohol abuse and dependence,
7 including but not limited to those relating to vocational
8 rehabilitation, manpower development and training, older
9 citizens, law enforcement assistance, health research
10 facilities, mental retardation facilities and community mental
11 health centers, juvenile delinquency, health professions,
12 educational assistance, hospital and medical facilities, social
13 security, community health services, education professions
14 development, higher education, Commonwealth employes health
15 benefits, economic opportunity, comprehensive health planning,
16 elementary and secondary education, highway safety and the civil
17 service laws;
18 (4) Encourage and assist local government programs and
19 services, and programs and services of public and private
20 nonprofit agencies, institutions, and organizations, for the
21 prevention and treatment of drug and alcohol abuse and
22 dependence;
23 (5) Stimulate more effective use of existing resources and
24 available services for the prevention and treatment of drug and
25 alcohol abuse and dependence;
26 (6) Assist local governments in coordinating programs among
27 themselves for the prevention and treatment of drug and alcohol
28 abuse and dependence; and
29 (7) Cooperate with organized medicine to disseminate medical
30 guidelines for the use of controlled drugs and dangerous
19710H0850B2509 - 13 -
1 substances in medical practice. A practitioner may prescribe,
2 administer, or dispense a controlled drug or dangerous substance
3 in the course of his professional practice: (i) in good faith
4 within the scope of the patient relationship, and (ii) in
5 accordance with principles of medical care and treatment
6 accepted by a responsible segment of the medical profession.
7 Section 7. Statistical Functions of the Council.--It shall
8 be the duty of the council with respect to its statistical
9 functions to:
10 (1) Gather and publish statistics pertaining to drug and
11 alcohol abuse and dependence, and related problems; and
12 (2) Promulgate regulations, with the approval of the
13 chairman, specifying uniform statistics to be obtained, records
14 to be maintained, and reports to be submitted, by public and
15 private departments, agencies, organizations, practitioners, and
16 other persons with respect to drug and alcohol abuse and
17 dependence, and related problems. Such statistics and reports
18 shall not reveal the identity of any patient or drug or alcohol
19 dependent person or other confidential information.
20 Section 8. Research Functions of the Council.--It shall be
21 the duty of the council with respect to its research functions
22 to:
23 (1) Conduct and encourage all forms of research,
24 investigations, experiments, and studies relating to the cause,
25 epidemiology, sociological aspects, prevention, diagnosis, and
26 treatment of drug and alcohol abuse and dependence;
27 (2) Conduct, and encourage and assist others to conduct, all
28 forms of research, investigations, experiments, and studies
29 relating to the toxicology, pharmacology, chemistry, effects on
30 the health of drug and alcohol abusers, and danger to the public
19710H0850B2509 - 14 -
1 health, of alcohol and controlled drugs and dangerous
2 substances. Investigation of the use of alcohol or any
3 controlled drug or dangerous substance for therapeutic,
4 research, experimental, or other investigational purposes
5 pursuant to this section shall be by a practitioner or other
6 qualified investigator, and in compliance with the requirements
7 and the law of this Commonwealth. Any such investigation may be
8 prohibited, delayed or terminated only on the grounds that the
9 investigator has materially falsified any application required
10 to be filed prior to the investigation, or has been convicted of
11 a felony under any law relating to controlled dangerous
12 substances, or has had his registration suspended or revoked and
13 is no longer authorized by law to engage in the dispensing or
14 administration of controlled dangerous substances, or fails to
15 establish adequate procedures to account for dangerous
16 controlled substances or to safeguard adequately his supply of
17 such drugs against diversion from legitimate investigational
18 use;
19 (3) Coordinate research conducted by the council with
20 research conducted by other State agencies, public and private
21 nonprofit agencies, institutions, and organizations, and
22 individuals. To facilitate this activity, the council shall
23 establish and maintain a complete and current register of all
24 practitioners and other qualified investigators engaged in any
25 form of clinical research on alcohol or controlled drugs or
26 controlled dangerous substances listed in Schedule I of "The
27 Drug, Device and Cosmetic Act of 1971." Placement on such
28 register shall be pursuant to an application to the council
29 which shall state: (i) the name, address, and qualifications of
30 the applicant, (ii) the procedures used to account for dangerous
19710H0850B2509 - 15 -
1 controlled substances and to safeguard such substances
2 adequately against diversion from legitimate investigational
3 use, and (iii) an outline of the investigation. Placement on
4 such register may be denied only for cause, and shall constitute
5 registration for purposes of "The Drug, Device and Cosmetic Act
6 of 1971," but shall not authorize the dispensing or
7 administration of alcohol or controlled drugs or controlled
8 dangerous substances to human beings except by persons licensed
9 or otherwise permitted to dispense or administer such substances
10 under applicable State laws;
11 (4) Make available research facilities and resources of the
12 council to appropriate authorities, health officials, and
13 individuals engaged in investigations or research related to the
14 purposes of this act. Such resources shall include the
15 maintenance of an adequate supply of alcohol and controlled
16 drugs and controlled dangerous substances for investigational
17 and research purposes, and the establishment of criteria
18 pursuant to which any registered investigator is to be
19 authorized to manufacture or otherwise acquire sufficient
20 alcohol, controlled drugs or controlled dangerous substances for
21 his legitimate investigational and research needs;
22 (5) Make grants to, and contracts with, universities,
23 hospitals, laboratories and public and private nonprofit
24 agencies, institutions, and organizations, and individuals for
25 such research;
26 (6) Establish an information center on such research, which
27 will gather and contain all available published and unpublished
28 data and information. All Commonwealth departments and agencies
29 shall send to the council any unpublished data and information
30 pertinent to the cause, prevention, diagnosis, and treatment of
19710H0850B2509 - 16 -
1 drug and alcohol abuse and dependence, and the toxicology,
2 pharmacology, effects on the health of drug and alcohol abusers,
3 and danger to the public health of alcohol and controlled drugs
4 and controlled dangerous substances, and the council shall make
5 such data and information widely available;
6 (7) Investigate methods for the more precise detection and
7 determination of alcohol and narcotic drugs in urine and blood
8 samples, and by other means, and publish on a current basis
9 uniform methodology for such detections and determinations; and
10 (8) Evaluate existing and proposed new programs and services
11 for the prevention and treatment of drug and alcohol abuse and
12 dependence.
13 Any information obtained through investigation or research
14 conducted pursuant to this section shall be used in ways so that
15 no name or identifying characteristics of any person shall be
16 divulged without the approval of the council and the consent of
17 the person concerned. Persons engaged in research pursuant to
18 this section shall protect the privacy of individuals who are
19 the subject of such research by withholding from all persons not
20 connected with the conduct of such research the names or other
21 identifying characteristics of such individuals. Persons engaged
22 in such research shall protect the privacy of such individuals
23 and may not be compelled in any Federal, State, civil, criminal,
24 administrative, legislative, or other proceeding to identify
25 such individuals.
26 Section 9. Training Functions of the Council.--It shall be
27 the duty of the council with respect to its training functions
28 to:
29 (1) Establish training programs for professional and
30 nonprofessional personnel with respect to drug and alcohol abuse
19710H0850B2509 - 17 -
1 and dependence;
2 (2) Encourage the establishment of training courses for
3 professional and nonprofessional personnel by local governments
4 with respect to drug and alcohol abuse and dependence; and
5 (3) Establish and maintain training fellowships in the
6 council and elsewhere, and provide for such fellowships through
7 grants to public and private nonprofit agencies, institutions
8 and organizations.
9 Section 10. Educational Functions of the Council.--It shall
10 be the duty of the council with respect to its educational
11 functions to:
12 (1) Develop a model curriculum, including the provision of
13 relevant data and other information, for utilization by
14 elementary and secondary schools for instructing children about
15 drug and alcohol abuse and dependence;
16 (2) Develop a model curriculum, including the provision of
17 relevant data and other information, for utilization by parent-
18 teachers' associations, adult education centers, private citizen
19 groups, or other State or local sources, for instruction of
20 parents and other adults about drug and alcohol abuse and
21 dependence;
22 (3) Prepare a broad variety of educational material for use
23 in all media and to reach all segments of the population, that
24 can be utilized by public and private agencies, institutions,
25 and organizations in educational programs with respect to drug
26 and alcohol abuse and dependence;
27 (4) Establish educational courses, including the provision
28 of relevant data and other information, on the causes and
29 effects of, and treatment for, drug and alcohol abuse and
30 dependence, for law enforcement officials (including prosecuting
19710H0850B2509 - 18 -
1 attorneys, court personnel, the judiciary, probation and parole
2 officers, correctional officers, and other law enforcement
3 personnel), welfare, vocational rehabilitation, and other State
4 and local officials who come in contact with drug and alcohol
5 abuse and dependence problems;
6 (5) Develop educational courses, including the provision of
7 relevant data and other information, on the causes and effects
8 of, and treatment for, drug and alcohol abuse and dependence for
9 use by appropriate local government and private agencies,
10 institutions, and organizations, for local law enforcement
11 officials (including prosecuting attorneys, court personnel, the
12 judiciary, probation and parole officers, correction officials,
13 and other law enforcement personnel), local welfare, vocational
14 rehabilitation, personnel, and other local officials and
15 community leaders;
16 (6) Serve as a clearinghouse for the collection,
17 preparation, and dissemination of all information relating to
18 drug and alcohol abuse and dependence, including local drug and
19 alcohol abuse and dependence treatment plans, availability of
20 treatment resources, training and educational programs,
21 statistics, research, and other pertinent data and information;
22 (7) Recruit, train, organize, and employ professional and
23 other persons, including former drug and alcohol abusers and
24 drug or alcohol dependent persons, to organize and participate
25 in programs of public education; and
26 (8) Coordinate activities carried on by all departments,
27 agencies and instrumentalities of the Commonwealth with respect
28 to health education aspects of drug and alcohol abuse and
29 undertake such other activities as the council may consider
30 important to a Commonwealth program of education relating to
19710H0850B2509 - 19 -
1 drug and alcohol abuse and drug or alcohol dependence.
2 Section 11. Reporting Functions of the Council.--It shall be
3 the duty of the council with respect to its reporting functions
4 to:
5 (1) Submit an annual report to the General Assembly which
6 shall specify the actions taken and services provided and funds
7 expended under each provision of this act and an evaluation of
8 their effectiveness, and which shall contain the current drug
9 and alcohol abuse and dependence control plan;
10 (2) Submit such additional reports as may be requested by
11 the General Assembly; and
12 (3) Submit to the General Assembly such recommendations as
13 will further the prevention, treatment, and control of drug and
14 alcohol abuse and dependence.
15 Section 12. Treatment and Rehabilitation Services.--(a) The
16 council shall provide at least the following treatment and
17 rehabilitation services for male and female juveniles and adults
18 who are charged with, convicted of, or serving a criminal
19 sentence for any criminal offense under the law of this
20 Commonwealth and are eligible for treatment under this act:
21 (1) Emergency medical services;
22 (2) Inpatient services, which shall not be a part of or at
23 the same location as a correctional institution; and
24 (3) Intermediate care, rehabilitative and outpatient
25 services.
26 The council shall give priority to developing these community
27 based treatment services in cooperation with other State
28 agencies or departments. Reasonable surveillance techniques such
29 as urine analysis may be used for treatment purposes but the
30 results thereof shall remain confidential and may not be used
19710H0850B2509 - 20 -
1 against any patient in any criminal proceeding. Because of the
2 nature and seriousness of the disease a drug or alcohol
3 dependent person can be expected to relapse into drug or alcohol
4 abuse one or more times after the onset of therapy. The decision
5 whether to continue or to modify or to discontinue intermediate
6 care or outpatient treatment after one or more such relapses
7 shall be made on the basis of sound clinical judgment. All
8 reasonable methods of treatment shall be used to prevent their
9 recurrence. Supportive medical care, services, and residential
10 facilities shall be provided for drug or alcohol dependent
11 persons for whom treatment has repeatedly failed and recovery is
12 unlikely so that they may live in a decent and productive
13 manner.
14 (b) The treatment and rehabilitation services authorized by
15 this act may be provided at any available facility approved by
16 the council, including but not limited to State hospitals and
17 institutions, public and private general hospitals, community
18 mental health centers or their contracting agencies, and public
19 and private drug or alcohol dependence and drug and alcohol
20 abuse treatment and rehabilitation centers. The council may
21 contract with any appropriate public or private agency,
22 organization, or institution that has proper and adequate
23 facilities and personnel in order to carry out the purposes of
24 this act.
25 (c) There shall be in each city or region a central office
26 to coordinate and provide information concerning the
27 availability of all such services. The council may determine the
28 area to be served by any such office.
29 (d) Any person assisted under this act may be required to
30 contribute toward the cost of his subsistence, care, or
19710H0850B2509 - 21 -
1 treatment, to the extent that he is financially able to do so,
2 under regulations promulgated by the council. Such regulations
3 shall specify how funds available to any person as a result of
4 his drug or alcohol abuse or drug or alcohol dependence under
5 Federal or State government programs such as social security,
6 welfare, medicare, medicaid, veterans' benefits, and employe
7 health insurance plans and policies, shall be used to contribute
8 to the cost of such treatment so far as practicable without
9 imposing undue hardship on him or his family. No person may be
10 discriminated against on the basis of indigence.
11 Section 13. Emergency Medical Services.--(a) (1) Any person
12 charged with a misdemeanor under Pennsylvania law and who, in
13 the opinion of a qualified physician, appears to be a drug or
14 alcohol abuser, shall, after preliminary police processing and
15 an opportunity to consult with counsel, promptly be taken for
16 emergency medical services, where he shall either be admitted as
17 a patient or transported to another appropriate health facility
18 for treatment and diagnosis. Upon admission as a patient, such
19 person shall immediately be examined to determine whether: (i)
20 it is probable that he is not a drug or alcohol abuser and has
21 not committed a drug related misdemeanor, or (ii) it is probable
22 that he is not in need of emergency medical services although he
23 may be a drug or alcohol abuser, or (iii) it is probable that he
24 is a drug or alcohol abuser or a drug or alcohol dependent
25 person who is in need of emergency medical services. Such
26 screening shall be completed within twenty-four hours of such
27 person's admission to emergency medical services. Any person
28 determined to fall within subclause (iii) of this clause shall
29 be detained there as long as is necessary to complete emergency
30 medical treatment, to conduct a diagnosis for possible drug or
19710H0850B2509 - 22 -
1 alcohol dependence, but in no event longer than ten days after
2 his submission.
3 (2) Any person determined to fall within subclause (i) or
4 (ii) of clause (1) of this subsection (a) shall be released from
5 emergency medical services immediately upon completion of the
6 initial screening process, and in no event shall he be detained
7 there longer than twenty-four hours. Upon his release from
8 emergency medical services, he shall be handled as in any other
9 criminal case.
10 (3) If a person is determined to fall within subclause (iii)
11 of clause (1) of this subsection (a) and prior to trial on the
12 offense he requests voluntary treatment or civil commitment for
13 treatment in lieu of criminal prosecution, the medical officer
14 shall, after a review of his record, advise the government
15 attorney and the court in writing whether for the treatment and
16 rehabilitation of the person it would be preferable for the
17 criminal charges to be held in abeyance or withdrawn in order to
18 institute either voluntary treatment for his drug or alcohol
19 dependence or treatment for his drug or alcohol dependence under
20 civil commitment, or for the criminal charges to be prosecuted.
21 The government attorney shall exercise his discretion whether to
22 accept the medical officer's advice, but in the event that he
23 does not accept the medical officer's advice he shall state in
24 writing the reasons for his decision.
25 (4) If the criminal charges are prosecuted and such person
26 is convicted, and at the time of conviction he requests
27 probation with treatment or civil commitment for treatment in
28 lieu of criminal punishment, the medical officer shall advise
29 the court in writing whether for the treatment and
30 rehabilitation of the person it would be preferable for him to
19710H0850B2509 - 23 -
1 receive a suspended sentence and probation on the condition that
2 he undergo education and treatment for drug or alcohol abuse and
3 drug or alcohol dependence, or to be civilly committed pursuant
4 to this act for treatment in lieu of criminal punishment, or to
5 receive criminal incarceration. The court shall exercise its
6 discretion whether to accept the medical officer's advice.
7 (5) Any person determined to fall within subclause (iii) of
8 clause (1) of this subsection (a) shall immediately be informed
9 of his right to request any of the procedures for treatment in
10 lieu of criminal prosecution or punishment which are available
11 to him under clause (3) or (4) of this subsection (a) as a
12 result of his diagnosis. If such person is, as a result of his
13 drug or alcohol abuse or drug or alcohol dependence, unable at
14 the time of diagnosis either to understand or to make a rational
15 decision concerning his right to request treatment under such
16 subsections, he shall again be informed of such right as soon as
17 he is able to understand the choices available to him and to
18 make a rational decision concerning them.
19 (6) A criminal charge may be held in abeyance pursuant to
20 clause (3) of this subsection (a) for no longer than one year,
21 after which it is automatically dismissed. A person civilly
22 committed pursuant to this act may be returned to stand trial
23 within a year.
24 (b) (1) Any person charged with a felony under Pennsylvania
25 law and who, in the opinion of a qualified physician, appears to
26 be a drug or alcohol abuser, shall, after preliminary police
27 processing and an opportunity to consult with counsel, promptly
28 be taken for emergency medical care services, where he shall
29 either be admitted as a patient or transported to another
30 appropriate health facility for treatment and diagnosis. Upon
19710H0850B2509 - 24 -
1 admission as a patient, such person shall immediately be
2 examined to determine whether: (i) it is probable that he is not
3 a drug or alcohol abuser and has not committed a drug related
4 felony, or (ii) it is probable that he is not in need of
5 emergency medical services although he may be a drug or alcohol
6 abuser, or (iii) it is probable that he is a drug or alcohol
7 abuser or a drug or alcohol dependent person who is in need of
8 emergency medical services. Such screening shall be completed
9 within twenty-four hours of such person's admission to emergency
10 medical services. Any person determined to fall within subclause
11 (iii) of this clause shall be detained there as long as is
12 necessary to complete emergency medical treatment, to conduct a
13 diagnosis for possible drug or alcohol dependence, but in no
14 event longer than ten days after his admission.
15 (2) Any person determined to fall within subclause (i) or
16 (ii) of clause (1) of this subsection (b) shall be released from
17 emergency medical services immediately upon completion of the
18 initial screening process, and in no event shall he be detained
19 there longer than twenty-four hours. Upon his release from
20 emergency medical services, he shall be handled as in any other
21 criminal case.
22 (3) If a person determined to fall within subclause (iii) of
23 clause (1) of this subsection (b) is diagnosed as not a drug or
24 alcohol dependent person, he shall be handled as in any other
25 criminal case.
26 (4) If a person determined to fall within subclause (iii) of
27 clause (1) of this subsection (b) is diagnosed as a drug or
28 alcohol dependent person and prior to trial on the offense he
29 requests voluntary treatment or civil commitment for treatment
30 in lieu of criminal prosecution, the medical officer shall,
19710H0850B2509 - 25 -
1 after a review of his record, advise the government attorney and
2 the court in writing whether for the treatment and
3 rehabilitation of the person it would be preferable for the
4 criminal charges to be held in abeyance or withdrawn in order to
5 institute either voluntary treatment for his drug or alcohol
6 dependence or treatment for his drug or alcohol dependence under
7 civil commitment, or for the criminal charges to be prosecuted.
8 The government attorney shall exercise his discretion whether to
9 accept the medical officer's advice, but in the event that he
10 does not accept the medical officer's advice he shall state in
11 writing the reasons for his decision.
12 (5) If a person determined to fall within subclause (iii) of
13 clause (1) of this subsection (b) is diagnosed as a drug or
14 alcohol dependent person and he pleads nolo contendere or
15 guilty, or he is found guilty after trial, and at that time he
16 requests probation with treatment or civil commitment for
17 treatment in lieu of criminal punishment, the medical officer
18 shall advise the court in writing whether it would be preferable
19 for the treatment and rehabilitation of the person 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 for
23 treatment in lieu of criminal punishment, or to receive criminal
24 incarceration. The court shall exercise its discretion whether
25 to accept the medical officer's advice.
26 (6) Any person diagnosed as a drug or alcohol dependent
27 person pursuant to clauses (4) or (5) of this subsection (b)
28 shall immediately be informed of his right to request probation
29 with treatment or civil commitment for treatment in lieu of
30 criminal punishment. If such person is, as a result of his drug
19710H0850B2509 - 26 -
1 or alcohol dependence, unable at the time of diagnosis either to
2 understand or to make a rational decision concerning his right
3 to make such a request, he shall again be informed of such right
4 as soon as he is able to understand the choices available to him
5 and to make a rational decision concerning them.
6 (c) Any officer, government attorney, court, or probation or
7 parole officer shall refer any person to the council for
8 handling pursuant to subsection (a) or (b) of this section
9 whenever it appears that such person is a drug or alcohol abuser
10 or that an offense with which he is charged may be drug related.
11 (d) The medical officer shall be given all pertinent records
12 and information with respect to any person handled pursuant to
13 subsection (a) or (b) of this section by any department, agency,
14 officer, government attorney, court or probation or parole
15 officer who has such records or information.
16 Section 14. Civil Commitment for Treatment of Drug or
17 Alcohol Dependence.--(a) Any person who, through the excessive
18 use of drugs or alcoholic beverages, has become unable to care
19 for himself, his family, or his property, or has become a burden
20 on the public, or is in danger of harming himself or others may
21 be committed to the council for treatment and care for drug or
22 alcohol dependence as follows:
23 (1) Court commitment on voluntary application:
24 (i) Any person may apply to the council for commitment. The
25 application shall be in writing, upon forms to be furnished by
26 the council, and shall be signed by the applicant in the
27 presence of at least one witness.
28 (ii) The council, upon receiving such application, shall
29 examine the applicant. If it finds that the applicant is
30 addicted to the excessive use of drugs or alcoholic beverages,
19710H0850B2509 - 27 -
1 and that he is in need of care and will benefit from such
2 treatment, and that facilities are available to receive the
3 applicant, it shall make a certification to that effect, and
4 shall thereupon forward the application, together with its
5 certification, to the court of common pleas of the county
6 wherein the applicant is a resident.
7 (iii) The court, upon receiving the application and
8 certification, shall examine the same, and, in its discretion,
9 may hold a hearing, at which time the applicant shall be
10 present. If it finds the application to be in order, and no
11 reason exists to refuse it, the court shall forthwith order the
12 commitment of the applicant.
13 (iv) The testimony, of the applicant or any other person, at
14 any hearing held on any application may not be used against the
15 applicant in any other judicial proceeding.
16 (2) Court commitment upon petition of certain persons:
17 (i) A petition to commit any person to the council may be
18 presented to the court of common pleas of the county in which
19 such person is a resident or may be found, or if a resident of
20 or found in Philadelphia either to a court of common pleas or to
21 the Municipal Court of Philadelphia, and notice thereof shall be
22 given to the council which shall immediately certify to the
23 court whether facilities are available to receive the person
24 referred to in the petition in the event that the court should
25 order his commitment.
26 (ii) The petition may be made by the spouse, parent, child,
27 legal guardian, the person having the legal custody or liability
28 for his support, his next friend, or any other responsible
29 person.
30 (iii) Whenever a petition is presented, and upon receipt of
19710H0850B2509 - 28 -
1 the council's certification that facilities are available, the
2 court may immediately appoint a commission composed of three
3 persons, two qualified physicians and one attorney-at-law, who
4 shall prepare and file all necessary notices, reports and other
5 papers. Each member of the commission shall receive a fee
6 consistent with the prevailing scale in the county, as
7 determined by the court, for the time he is necessarily employed
8 in the duty of his appointment.
9 (iv) The commission shall hear such evidence as may be
10 offered or as they may require relating to the person sought to
11 be committed who is addicted to the excessive use of drugs or
12 alcoholic beverages, as well as his or his counsel's statement.
13 If such person shall refuse to submit to an examination before
14 the commission, the court may issue a warrant to bring him
15 before the commission for examination.
16 (v) The commission shall make a written report to the court,
17 setting forth whether or not they find that such person is in
18 fact addicted to the excessive use of drugs or alcoholic
19 beverages, and that he is in need of care and will benefit from
20 such treatment, and the facts on which their conclusion is
21 based.
22 (vi) Upon receipt of the petition for the commitment of such
23 person, or of the report of the commission if one has been
24 appointed, the court may fix a day for a hearing, to be held at
25 such place as the court directs. When the hearing is to be held,
26 the court shall notify the parties in interest. The court may
27 require the presence of the person sought to be committed and
28 may exclude the public.
29 (vii) The testimony of any person at any hearing before the
30 commission or the court may not be used against the person who
19710H0850B2509 - 29 -
1 is the subject of the petition in any other judicial proceeding.
2 If the court approves the report of the commission that the
3 person in question is addicted to the excessive use of drugs or
4 alcoholic beverages and that he is in need of care and will
5 benefit from such treatment, the court shall make an order
6 committing such person.
7 (3) Whenever any person is committed in accordance with the
8 provisions of subsection (a) of this section, the court may, at
9 the time of ordering commitment, appoint a guardian of the
10 estate of the person so committed, if it is necessary to protect
11 the interests and estate of such person.
12 (4) Any person committed under any of the provisions of
13 subsection (a) of this section shall thereby be subjected to
14 treatment and confinement for a period not to exceed one year:
15 Provided, however, That he may be released sooner than one year
16 in accordance with the provisions of subsections (d), (e) and
17 (f) of this section.
18 (5) The council in its discretion, may allow a leave of
19 absence to any person whose condition is such as to warrant it,
20 and upon such conditions as it may prescribe for the best
21 interests of such person, including supervision by any
22 nationally recognized scientific and service organizations whose
23 purpose is to treat and rehabilitate persons addicted to the
24 excessive use of drugs or alcoholic beverages: Provided, That
25 the council, upon learning of the violation of any such
26 condition, may, in its discretion, request the committing court
27 for a warrant to return the person to confinement.
28 (6) The council may order and compel the final discharge of
29 any person, committed under the provisions of subsection (a) of
30 this section, as cured, or no longer being in need of care, or
19710H0850B2509 - 30 -
1 as not amenable to treatment.
2 (7) Any person committed under the provisions of subsection
3 (a) of this section shall have the right at any time to secure
4 his release, by writ of habeas corpus, if it appears to the
5 court that such person is cured and not in need of further
6 treatment.
7 (8) The per diem rate for persons receiving care and
8 treatment in the facilities provided for in this act shall be
9 determined by rates established by the council, based on
10 estimates and actual cost of operation: Provided, however, That
11 no person shall be charged at a rate greater than the actual
12 cost of care and treatment.
13 Liability for all cost of treatment and care of any person
14 committed under the provisions of subsection (a) of this section
15 is hereby imposed, in the following order, against:
16 (1) The person's real and personal property.
17 (2) The persons liable for the patient's support.
18 (3) The county in which he resides.
19 (9) (i) In ordering the commitment of any person pursuant to
20 the provisions of subsection (a) of this section, the court, at
21 the time of commitment, shall make an order for the payment of
22 the costs of treatment and care of the patient. The court shall
23 take into consideration the ability to pay of the patient or the
24 persons liable for his support, and shall have the power or duty
25 to modify or revise the order from time to time on cause shown.
26 (ii) Every order shall be entered in the prothonotary's
27 office and shall have the effect of a judgment.
28 (10) All money due the Commonwealth from the estate of a
29 person committed, or the persons liable for his support, or the
30 county in which he resides, for his treatment and care shall be
19710H0850B2509 - 31 -
1 collected by the Department of Revenue, as collection agency for
2 the division, and shall be promptly transmitted by the
3 Department of Revenue to the State Treasurer.
4 (b) (1) The courts may commit to the council for treatment
5 and care for drug or alcohol dependence in lieu of criminal
6 prosecution or punishment for up to a specified period of time a
7 drug or alcohol dependent person who: (i) is charged with a
8 misdemeanor or felony and who, prior to trial on the offense,
9 requests such treatment in lieu of criminal prosecution; or (ii)
10 is charged with a misdemeanor or felony and who, after having
11 pled nolo contendere or guilty to, or having been found guilty
12 of, the offense charged, at the time sentence is imposed
13 requests such treatment in lieu of serving the sentence imposed;
14 or (iii) is serving a criminal sentence and petitions the court
15 for such treatment in lieu of serving the remainder of his
16 sentence.
17 (2) No term of commitment shall be ordered for a period
18 longer than the maximum sentence that could have been imposed
19 for the offense with which the person was charged with respect
20 to subclause (i) of clause (1) of this subsection (b), or for a
21 period longer than the sentence actually imposed with respect to
22 subclauses (ii) or (iii) of clause (1) of this subsection (b). A
23 patient may voluntarily remain in treatment for as long as the
24 medical officer believes warranted.
25 (c) Prior to the commitment of any person pursuant to
26 subsections (a) or (b) of this section the court shall hold a
27 civil hearing without a jury and must find that he is a drug or
28 alcohol dependent person; and appropriate treatment is available
29 for him.
30 (d) The council shall immediately inform the court whenever
19710H0850B2509 - 32 -
1 in its opinion any one of the findings made pursuant to
2 subsection (c) of this section is no longer applicable, or for
3 any reason the person should be unconditionally released.
4 (1) The council shall, after a review of the patient's
5 record, recommend to the court whether the commitment order
6 should be continued, or whether the patient should be
7 unconditionally released, or whether the patient should be
8 returned to stand trial if he was committed under subclause (i)
9 of clause (1) of subsection (b) of this section, or to serve the
10 remainder of his sentence if he was committed under subclauses
11 (ii) or (iii) of clause (1) of subsection (b) of this section,
12 or whether some other appropriate action should be taken. The
13 court shall hold a civil hearing and shall enter an appropriate
14 order.
15 (2) Time spent under civil commitment shall be counted
16 toward any sentence for a person returned to stand trial or to
17 serve the remainder of his sentence.
18 (3) A person committed under this section may be returned to
19 stand trial or to serve the remainder of his sentence if he does
20 not cooperate with an appropriate treatment or care program, or
21 if appropriate treatment or care is ineffective: Provided, That
22 the decision whether to return the person to stand trial or to
23 serve the remainder of his sentence after failure to conform to
24 a schedule for rehabilitation shall be made on the basis of what
25 is most consistent with the rehabilitation of the individual and
26 the safety of the community.
27 (4) Except as otherwise provided herein, no person shall
28 remain committed for treatment or care pursuant to this section
29 after a court determines that any one of the findings made under
30 this act is no longer applicable.
19710H0850B2509 - 33 -
1 (e) A committed person may, upon the expiration of six
2 months following the commitment order, and not more frequently
3 than every six months thereafter, request the council in writing
4 to conduct a review of the current applicability of the required
5 findings, and if the request is timely it shall be granted. The
6 patient may, at his own expense, have one or more qualified
7 physicians participate in this review or conduct an independent
8 review. The council shall, upon the written request of an
9 indigent patient, assist him in obtaining a qualified physician
10 to participate in the review, and such a physician shall be
11 compensated for his services by the council in an amount
12 determined by the council to be fair and reasonable. The council
13 shall report the result of the review to the patient. If the
14 patient is not released as a result of this review he may
15 petition the court for an order directing his release. The court
16 may hold a hearing and shall consider all pertinent evidence and
17 enter an appropriate order. The burden of proof in such a
18 proceeding shall remain on the council.
19 (f) In addition to the right of review upon a patient's
20 written request, the council shall as often as practicable, but
21 not less often than every six months, review a patient's status
22 under the required findings. Any right available to him for
23 obtaining release from confinement, including the right to
24 petition for a writ of habeas corpus, shall also be retained,
25 and the burden of proof in such a proceeding of the continuing
26 existence of the findings upon which the commitment is based
27 shall remain on the council.
28 (g) A committed person or a person detained for treatment
29 may initially be placed in inpatient, intermediate care or
30 outpatient treatment on the basis of sound clinical judgment,
19710H0850B2509 - 34 -
1 except that a person charged with or subject to a prison
2 sentence for a felony shall initially be placed in inpatient
3 treatment unless the court orders otherwise. The council may
4 transfer a committed person or a person detained for treatment
5 between inpatient, intermediate care, and outpatient services
6 without court permission on the basis of sound clinical
7 judgment, except that a court order must be obtained for the
8 transfer from inpatient status of any person charged with or
9 subject to a prison sentence for a felony. No committed person
10 may be unconditionally released without a court order. A
11 committed or detained person has a right to intermediate care
12 and outpatient status, and to unconditional release, as quickly
13 as is consistent with sound clinical judgment and with the
14 safety of other persons and of property.
15 (h) Neither mail nor other communications to or from a
16 person committed pursuant to this section may be read by others
17 or censored except when ordered by a physician for treatment
18 reasons: Provided, That reasonable regulations regarding
19 visiting hours and the use of telephone and telegraph facilities
20 may be adopted, and reasonable precautions may be used to
21 prevent persons from illegally obtaining controlled dangerous
22 substances.
23 (i) Upon the institutions of proceedings for the commitment
24 of a person pursuant to this act, the council shall give such
25 person and his nearest known adult relative a written statement
26 and explanation outlining in simple nontechnical language the
27 procedure and rights set out in this section. If such person is
28 committed, the council shall give him and his nearest known
29 adult relative a further written statement and explanation
30 outlining all release procedures and other rights provided by
19710H0850B2509 - 35 -
1 this section, as well as by other statutes and general legal
2 principles.
3 (j) A specific treatment plan, adopted to each individual,
4 shall be prepared and maintained by the council on a current
5 basis for every patient committed pursuant to this act. It shall
6 show the treatment planned and the treatment provided, in
7 sufficient detail to permit an evaluation or the adequacy of the
8 program for that individual. The plan shall be reviewed by the
9 court in considering the findings required by this act.
10 (k) Each individual treatment plan prepared pursuant to
11 subsection (j) of this section may utilize inpatient,
12 intermediate care, rehabilitative and outpatient services in
13 accordance with principles of medical care and treatment
14 accepted by a responsible segment of the medical profession. All
15 public and private community efforts, including but not limited
16 to welfare services, vocational rehabilitation, and job
17 replacement, shall be utilized as part of outpatient treatment
18 programs to integrate drug or alcohol dependent persons back
19 into society as productive citizens.
20 (l) Any hearing held pursuant to subsections (c), (d) or (e)
21 of this section shall be conducted according to the provisions
22 thereof.
23 (D) THE PUBLIC MEMBERS OF THE COUNCIL SHALL BE REIMBURSED AT <--
24 THE RATE OF ONE HUNDRED DOLLARS ($100) PER DAY FOR THEIR
25 SERVICES AND EXPENSES INCURRED IN THE PERFORMANCE OF THEIR
26 DUTIES.
27 (E) THE COUNCIL SHALL HAVE THE POWER TO PRESCRIBE, AMEND AND
28 REPEAL BYLAWS, RULES AND REGULATIONS GOVERNING THE MANNER IN
29 WHICH THE BUSINESS OF THE BODY IS CONDUCTED AND THE MANNER IN
30 WHICH THE POWERS GRANTED TO IT ARE EXERCISED.
19710H0850B2509 - 36 -
1 (F) THE COUNCIL SHALL DELEGATE SUPERVISION OF THE
2 ADMINISTRATION OF COUNCIL ACTIVITIES TO AN EXECUTIVE DIRECTOR
3 AND SUCH OTHER EMPLOYES AS THE CHAIRMAN SHALL APPOINT. ALL
4 EMPLOYES SHALL POSSESS ADEQUATE QUALIFICATIONS AND COMPETENCE.
5 SOME EMPLOYES MAY HAVE BEEN DRUG AND ALCOHOLIC ABUSERS OR DRUG
6 DEPENDENT PERSONS. PRIOR CRIMINAL CONVICTIONS SHALL NOT BE A BAR
7 TO SUCH EMPLOYMENT. RESPONSIBILITIES OF THE COUNCIL MAY BE
8 DELEGATED TO THE EXECUTIVE DIRECTOR OR OTHER DESIGNATED STAFF
9 MEMBERS. FURTHER, THE EXECUTIVE DIRECTOR MAY, WITH THE APPROVAL
10 OF THE COUNCIL, EMPLOY PERSONNEL OR CONSULTANTS NECESSARY IN
11 COORDINATING THE FORMULATION, IMPLEMENTATION AND EVALUATION OF
12 THE STATE PLAN.
13 SECTION 4. COUNCIL'S POWERS AND RESPONSIBILITIES.--(A) THE
14 COUNCIL SHALL DEVELOP AND ADOPT A STATE PLAN FOR THE CONTROL,
15 PREVENTION, TREATMENT, REHABILITATION, RESEARCH, EDUCATION, AND
16 TRAINING ASPECTS OF DRUG AND ALCOHOL ABUSE AND DEPENDENCE
17 PROBLEMS. THE STATE PLAN SHALL INCLUDE, BUT NOT BE LIMITED TO,
18 PROVISION FOR:
19 (1) COORDINATION OF THE EFFORTS OF ALL STATE AGENCIES IN THE
20 CONTROL, PREVENTION, TREATMENT, REHABILITATION, RESEARCH,
21 EDUCATION, AND TRAINING ASPECTS OF DRUG AND ALCOHOL ABUSE AND
22 DEPENDENCE PROBLEMS. IT SHALL ALLOCATE FUNCTIONAL RESPONSIBILITY
23 FOR THESE ASPECTS OF THE DRUG AND ALCOHOL ABUSE AND DEPENDENCE
24 PROBLEMS AMONG THE VARIOUS STATE AGENCIES SO AS TO AVOID
25 DUPLICATIONS AND INCONSISTENCIES IN THE EFFORTS OF THE AGENCIES.
26 (2) COORDINATION OF ALL HEALTH AND REHABILITATION EFFORTS TO
27 DEAL WITH THE PROBLEM OF DRUG AND ALCOHOL ABUSE AND DEPENDENCE,
28 INCLUDING, BUT NOT LIMITED TO, THOSE RELATING TO VOCATIONAL
29 REHABILITATION, MANPOWER DEVELOPMENT AND TRAINING, SENIOR
30 CITIZENS, LAW ENFORCEMENT ASSISTANCE, PAROLE AND PROBATION
19710H0850B2509 - 37 -
1 SYSTEMS, JAILS AND PRISONS, HEALTH RESEARCH FACILITIES, MENTAL
2 RETARDATION FACILITIES AND COMMUNITY MENTAL HEALTH CENTERS,
3 JUVENILE DELINQUENCY, HEALTH PROFESSIONS, EDUCATIONAL
4 ASSISTANCE, HOSPITAL AND MEDICAL FACILITIES, SOCIAL SECURITY,
5 COMMUNITY HEALTH SERVICES, EDUCATION PROFESSIONS DEVELOPMENT,
6 HIGHER EDUCATION, COMMONWEALTH EMPLOYES HEALTH BENEFITS,
7 ECONOMIC OPPORTUNITY, COMPREHENSIVE HEALTH PLANNING, ELEMENTARY
8 AND SECONDARY EDUCATION, HIGHWAY SAFETY AND THE CIVIL SERVICE
9 LAWS.
10 (3) ENCOURAGEMENT OF THE FORMATION OF LOCAL AGENCIES AND
11 LOCAL COORDINATING COUNCILS, AND PROMOTION OF COOPERATION, AND
12 COORDINATION AMONG SUCH GROUPS, AND ENCOURAGEMENT OF
13 COMMUNICATION OF IDEAS AND RECOMMENDATIONS FROM SUCH GROUPS TO
14 THE COUNCIL.
15 (4) DEVELOPMENT OF MODEL DRUG AND ALCOHOL ABUSE AND
16 DEPENDENCE CONTROL PLANS FOR LOCAL GOVERNMENT, UTILIZING THE
17 CONCEPTS INCORPORATED IN THE STATE PLAN. THE MODEL PLANS SHALL
18 BE REVIEWED ON A PERIODIC BASIS BUT NOT LESS THAN ONCE A YEAR,
19 AND REVISED TO KEEP THEM CURRENT. THEY SHALL SPECIFY HOW ALL
20 TYPES OF COMMUNITY RESOURCES AND EXISTING FEDERAL AND
21 COMMONWEALTH LEGISLATION MAY BE UTILIZED.
22 (5) ASSISTANCE AND CONSULTATION TO LOCAL GOVERNMENTS, PUBLIC
23 AND PRIVATE NONPROFIT AGENCIES, INSTITUTIONS, AND ORGANIZATIONS,
24 AND INDIVIDUALS WITH RESPECT TO THE PREVENTION AND TREATMENT OF
25 DRUG AND ALCOHOL ABUSE AND DEPENDENCE, INCLUDING COORDINATION OF
26 PROGRAMS AMONG THEM.
27 (6) COOPERATION WITH ORGANIZED MEDICINE TO DISSEMINATE
28 MEDICAL GUIDELINES FOR THE USE OF DRUGS AND CONTROLLED
29 SUBSTANCES IN MEDICAL PRACTICE.
30 (7) COORDINATION FOR THE CONDUCT OF ALL FORMS OF RESEARCH, <--
19710H0850B2509 - 38 -
1 SCIENTIFIC INVESTIGATIONS, EXPERIMENTS, AND STUDIES RELATING TO
2 THE CAUSE, EPIDEMIOLOGY, SOCIOLOGICAL ASPECTS, TOXICOLOGY,
3 PHARMACOLOGY, CHEMISTRY, EFFECTS ON HEALTH, DANGERS TO PUBLIC
4 HEALTH, PREVENTION, DIAGNOSIS AND TREATMENT OF DRUG AND ALCOHOL
5 ABUSE AND DEPENDENCE.
6 (8) INVESTIGATION OF METHODS FOR THE MORE PRECISE DETECTION
7 AND DETERMINATION OF ALCOHOL AND CONTROLLED SUBSTANCES IN URINE
8 AND BLOOD SAMPLES, AND BY OTHER MEANS, AND PUBLICATION ON A
9 CURRENT BASIS OF UNIFORM METHODOLOGY FOR SUCH DETECTIONS AND
10 DETERMINATIONS.
11 ANY INFORMATION OBTAINED THROUGH SCIENTIFIC INVESTIGATION OR
12 RESEARCH CONDUCTED PURSUANT TO THIS ACT SHALL BE USED IN WAYS SO
13 THAT NO NAME OR IDENTIFYING CHARACTERISTICS OF ANY PERSON SHALL
14 BE DIVULGED WITHOUT THE APPROVAL OF THE COUNCIL AND THE CONSENT
15 OF THE PERSON CONCERNED. PERSONS ENGAGED IN RESEARCH PURSUANT TO
16 THIS SECTION SHALL PROTECT THE PRIVACY OF INDIVIDUALS WHO ARE
17 THE SUBJECT OF SUCH RESEARCH BY WITHHOLDING FROM ALL PERSONS NOT
18 CONNECTED WITH THE CONDUCT OF SUCH RESEARCH THE NAMES OR OTHER
19 IDENTIFYING CHARACTERISTICS OF SUCH INDIVIDUALS. PERSONS ENGAGED
20 IN SUCH RESEARCH SHALL PROTECT THE PRIVACY OF SUCH INDIVIDUALS
21 AND MAY NOT BE COMPELLED IN ANY FEDERAL, STATE, CIVIL, CRIMINAL,
22 ADMINISTRATIVE, LEGISLATIVE, OR OTHER PROCEEDING TO IDENTIFY
23 SUCH INDIVIDUALS.
24 (9) ESTABLISHMENT OF TRAINING PROGRAMS FOR PROFESSIONAL AND
25 NONPROFESSIONAL PERSONNEL WITH RESPECT TO DRUG AND ALCOHOL ABUSE
26 AND DEPENDENCE, INCLUDING THE ENCOURAGEMENT OF SUCH PROGRAMS BY
27 LOCAL GOVERNMENTS. THE STATE PLAN SHALL ALSO PROVIDE FOR
28 TRAINING FELLOWSHIPS THROUGH GRANTS TO PUBLIC AND PRIVATE
29 NONPROFIT AGENCIES, INSTITUTIONS AND ORGANIZATIONS.
30 (10) DEVELOPMENT OF A MODEL CURRICULUM, INCLUDING THE
19710H0850B2509 - 39 -
1 PROVISION OF RELEVANT DATA AND OTHER INFORMATION, FOR
2 UTILIZATION BY ELEMENTARY AND SECONDARY SCHOOLS FOR INSTRUCTING
3 CHILDREN, AND FOR PARENT-TEACHERS' ASSOCIATIONS, ADULT EDUCATION
4 CENTERS, PRIVATE CITIZEN GROUPS, OR OTHER STATE AND LOCAL
5 SOURCES, FOR INSTRUCTION OF PARENTS AND OTHER ADULTS, ABOUT DRUG
6 AND ALCOHOL ABUSE AND DEPENDENCE.
7 (11) PREPARATION OF A BROAD VARIETY OF EDUCATIONAL MATERIAL
8 FOR USE IN ALL MEDIA, TO REACH ALL SEGMENTS OF THE POPULATION,
9 THAT CAN BE UTILIZED BY PUBLIC AND PRIVATE AGENCIES,
10 INSTITUTIONS, AND ORGANIZATIONS IN EDUCATIONAL PROGRAMS WITH
11 RESPECT TO DRUG AND ALCOHOL ABUSE AND DEPENDENCE.
12 (12) ESTABLISHMENT OF EDUCATIONAL COURSES, INCLUDING THE
13 PROVISION OF RELEVANT DATA AND OTHER INFORMATION, ON THE CAUSES
14 AND EFFECTS OF, AND TREATMENT FOR, DRUG AND ALCOHOL ABUSE AND
15 DEPENDENCE, FOR LAW ENFORCEMENT OFFICIALS (INCLUDING PROSECUTING
16 ATTORNEYS, COURT PERSONNEL, THE JUDICIARY, PROBATION AND PAROLE
17 OFFICERS, CORRECTIONAL OFFICERS AND OTHER LAW ENFORCEMENT
18 PERSONNEL), WELFARE, VOCATIONAL REHABILITATION, AND OTHER STATE
19 AND LOCAL OFFICIALS WHO COME IN CONTACT WITH DRUG ABUSE AND
20 DEPENDENCE PROBLEMS.
21 (13) RECRUITMENT, TRAINING, ORGANIZATION AND EMPLOYMENT OF
22 PROFESSIONAL AND OTHER PERSONS, INCLUDING FORMER DRUG AND
23 ALCOHOL ABUSERS AND DEPENDENT PERSONS, TO ORGANIZE AND
24 PARTICIPATE IN PROGRAMS OF PUBLIC EDUCATION.
25 (14) TREATMENT AND REHABILITATION SERVICES FOR MALE AND
26 FEMALE JUVENILES AND ADULTS WHO ARE CHARGED WITH, CONVICTED OF,
27 OR SERVING A CRIMINAL SENTENCE FOR ANY CRIMINAL OFFENSE UNDER
28 THE LAW OF THIS COMMONWEALTH. PROVISION OF SIMILAR SERVICES
29 SHALL BE MADE FOR JUVENILES ADJUDGED TO BE DELINQUENT, DEPENDENT
30 OR NEGLECTED. THESE SERVICES SHALL INCLUDE BUT ARE NOT LIMITED
19710H0850B2509 - 40 -
1 TO: (I) EMERGENCY MEDICAL SERVICES; (II) INPATIENT SERVICES; AND
2 (III) INTERMEDIATE CARE, REHABILITATIVE AND OUTPATIENT SERVICES.
3 THE STATE PLAN SHALL GIVE PRIORITY TO DEVELOPING COMMUNITY
4 BASED TREATMENT SERVICES IN A COOPERATIVE MANNER AMONG STATE
5 AGENCIES AND DEPARTMENTS. CONSIDERATION SHALL BE GIVEN TO
6 SUPPORTIVE MEDICAL CARE, SERVICES, OR RESIDENTIAL FACILITIES FOR
7 DRUG OR ALCOHOL DEPENDENT PERSONS FOR WHOM TREATMENT HAS
8 REPEATEDLY FAILED AND FOR WHOM RECOVERY IS UNLIKELY.
9 THE STATE PLAN SHALL FURTHER PROVIDE STANDARDS FOR THE
10 APPROVAL BY THE RELEVANT STATE AGENCY FOR ALL PRIVATE AND PUBLIC
11 TREATMENT AND REHABILITATIVE FACILITIES, WHICH MAY INCLUDE BUT
12 ARE NOT LIMITED TO STATE HOSPITALS AND INSTITUTIONS, PUBLIC AND
13 PRIVATE GENERAL HOSPITALS, COMMUNITY MENTAL HEALTH CENTERS OR
14 THEIR CONTRACTING AGENCIES, AND PUBLIC AND PRIVATE DRUG OR
15 ALCOHOL DEPENDENCE AND DRUG AND ALCOHOL ABUSE AND DEPENDENCE
16 TREATMENT AND REHABILITATION CENTERS.
17 (15) GRANTS AND CONTRACTS FROM THE APPROPRIATE STATE
18 DEPARTMENT OR AGENCY FOR THE PREVENTION AND TREATMENT OF DRUG
19 AND ALCOHOL DEPENDENCE. THE GRANTS AND CONTRACTS MAY INCLUDE
20 ASSISTANCE TO LOCAL GOVERNMENTS AND PUBLIC AND PRIVATE NONPROFIT
21 AGENCIES, INSTITUTIONS, AND ORGANIZATIONS FOR PREVENTION,
22 TREATMENT, REHABILITATION, RESEARCH, EDUCATION AND TRAINING
23 ASPECTS OF THE DRUG AND ALCOHOL ABUSE AND DEPENDENCE PROBLEMS
24 WITH THE COMMONWEALTH. ANY GRANT MADE OR CONTRACT ENTERED INTO
25 BY A DEPARTMENT OR AGENCY SHALL BE PURSUANT TO THE FUNCTIONS
26 ALLOCATED TO THAT DEPARTMENT OR AGENCY BY THE STATE PLAN.
27 (16) PREPARATION OF GENERAL REGULATIONS FOR, AND OPERATION
28 OF, PROGRAMS SUPPORTED WITH ASSISTANCE UNDER THIS ACT.
29 (17) ESTABLISHMENT OF PRIORITIES FOR DECIDING ALLOCATION OF
30 THE FUNDS UNDER THIS ACT.
19710H0850B2509 - 41 -
1 (18) REVIEW THE ADMINISTRATION AND OPERATION OF PROGRAMS
2 UNDER THIS ACT, INCLUDING THE EFFECTIVENESS OF SUCH PROGRAMS IN
3 MEETING THE PURPOSES FOR WHICH THEY ARE ESTABLISHED AND
4 OPERATED, AND MAKE ANNUAL REPORTS OF ITS FINDINGS.
5 (19) EVALUATE THE PROGRAMS AND PROJECTS CARRIED OUT UNDER
6 THIS ACT AND DISSEMINATE THE RESULTS OF SUCH EVALUATIONS.
7 (B) IN DEVELOPING THE STATE PLAN INITIALLY, AND PRIOR TO ITS
8 AMENDMENT ANNUALLY, THE COUNCIL SHALL HOLD A PUBLIC HEARING AT
9 LEAST THIRTY DAYS PRIOR TO THE ADOPTION OF THE INITIAL STATE
10 PLAN AND SUBSEQUENT AMENDMENTS AND SHALL AFFORD THEREBY ALL
11 INTERESTED PERSONS AN OPPORTUNITY TO PRESENT THEIR VIEWS THEREON
12 EITHER ORALLY OR IN WRITING. THE COUNCIL, THROUGH ITS EXECUTIVE
13 DIRECTOR AND STAFF, SHALL CONSULT AND COLLABORATE WITH
14 APPROPRIATE FEDERAL AND STATE AND LOCAL DEPARTMENTS, BOARDS,
15 AGENCIES AND GOVERNMENTAL UNITS, AND WITH APPROPRIATE PUBLIC AND
16 PRIVATE NONPROFIT AGENCIES, INSTITUTIONS, GROUPS AND
17 ORGANIZATIONS. OTHERWISE THE PROMULGATION OF THE STATE PLAN
18 SHALL CONFORM TO THE PROCEDURE CONTAINED IN THE COMMONWEALTH
19 DOCUMENTS LAW.
20 (C) IN PERFORMING ITS FUNCTIONS OF DEVELOPING AND ADOPTING
21 THE STATE PLAN, THE COUNCIL SHALL NOT ITSELF PROVIDE THE
22 SERVICES, PROGRAMS AND OTHER EFFORTS DIRECTED TOWARD SOLUTION OF
23 DRUG AND ALCOHOL ABUSE AND DEPENDENCE PROBLEMS MANDATED BY THE
24 STATE PLAN. THE STATE PLAN SHALL ALLOCATE THE RESPONSIBILITY FOR
25 ALL SERVICES, PROGRAMS AND OTHER EFFORTS PROVIDED FOR THEREIN
26 AMONG THE APPROPRIATE DEPARTMENTS, AGENCIES AND OTHER STATE
27 PERSONNEL. THE COUNCIL, THROUGH ITS EXECUTIVE DIRECTOR AND OTHER
28 EMPLOYES, SHALL HAVE THE POWER AND ITS DUTY SHALL BE TO REQUIRE
29 COMPLIANCE WITH THE PROVISIONS OF THE STATE PLAN.
30 (D) THE COUNCIL SHALL SUBMIT A WRITTEN REPORT OF THE STATE
19710H0850B2509 - 42 -
1 PLAN TO THE GENERAL ASSEMBLY AS SOON AS PRACTICABLE, BUT NOT
2 LATER THAN ONE YEAR AFTER THE ENACTMENT OF THIS ACT.
3 (E) NOTWITHSTANDING ANY OTHER PROVISION IN THIS ACT, THE <--
4 DEPARTMENT OF PUBLIC WELFARE IS THE SOLE AGENCY FOR SUPERVISING
5 THE ADMINISTRATION OF THE STATE PLAN AS IT RELATES TO ALCOHOL
6 ABUSE AND ALCOHOLISM PREVENTION FOR PURPOSES OF COMPLIANCE WITH
7 PUBLIC LAW 91-616, THE COMPREHENSIVE ALCOHOL ABUSE AND
8 ALCOHOLISM PREVENTION, TREATMENT, AND REHABILITATION ACT OF
9 1970. THE DEPARTMENT OF PUBLIC WELFARE AFTER RECEIVING THE
10 APPROVAL OF THE COUNCIL IS AUTHORIZED TO MEET ALL REQUIREMENTS
11 OF THE AFORESAID FEDERAL ACT FOR PURPOSES OF RECEIVING FEDERAL
12 FUNDS FOR THE COMMONWEALTH'S ALCOHOL ABUSE AND DEPENDENCE
13 PROGRAM.
14 (F) (E) THE COUNCIL SHALL GATHER AND PUBLISH STATISTICS <--
15 PERTAINING TO DRUG AND ALCOHOL ABUSE AND DEPENDENCE AND
16 PROMULGATE REGULATIONS, WITH THE APPROVAL OF THE CHAIRMAN,
17 SPECIFYING UNIFORM STATISTICS TO BE OBTAINED, RECORDS TO BE
18 MAINTAINED AND REPORTS TO BE SUBMITTED, BY PUBLIC AND PRIVATE
19 DEPARTMENTS, AGENCIES, ORGANIZATIONS, PRACTITIONERS, AND OTHER
20 PERSONS WITH RESPECT TO DRUG AND ALCOHOL ABUSE AND DEPENDENCE,
21 AND RELATED PROBLEMS. SUCH STATISTICS AND REPORTS SHALL NOT
22 REVEAL THE IDENTITY OF ANY PATIENT OR DRUG OR ALCOHOL DEPENDENT
23 PERSON OR OTHER CONFIDENTIAL INFORMATION.
24 (G) (F) THE COUNCIL SHALL ESTABLISH AN INFORMATION CENTER, <--
25 WHICH WILL ATTEMPT TO GATHER AND CONTAIN ALL AVAILABLE PUBLISHED
26 AND UNPUBLISHED DATA AND INFORMATION ON THE PROBLEMS OF DRUG AND
27 ALCOHOL ABUSE AND DEPENDENCE. ALL COMMONWEALTH DEPARTMENTS AND
28 AGENCIES SHALL SEND TO THE COUNCIL ANY DATA AND INFORMATION
29 PERTINENT TO THE CAUSE, PREVENTION, DIAGNOSIS AND TREATMENT OF
30 DRUG AND ALCOHOL ABUSE AND DEPENDENCE, AND THE TOXICOLOGY,
19710H0850B2509 - 43 -
1 PHARMACOLOGY, EFFECTS ON THE HEALTH OF DRUG AND ALCOHOL ABUSERS
2 AND DANGER TO THE PUBLIC HEALTH OF ALCOHOL, DRUGS AND CONTROLLED
3 SUBSTANCES, AND THE COUNCIL SHALL MAKE SUCH DATA AND INFORMATION
4 WIDELY AVAILABLE.
5 (H) (G) TO FACILITATE THE EFFECTUATION OF THE PURPOSES OF <--
6 THIS ACT, THE COUNCIL, THROUGH ITS EXECUTIVE DIRECTOR, SHALL
7 REQUIRE ALL APPROPRIATE LOCAL AND STATE DEPARTMENTS, AGENCIES,
8 INSTITUTIONS AND OTHERS ENGAGED IN IMPLEMENTING THE STATE PLAN
9 TO SUBMIT AS OFTEN AS NECESSARY, BUT NO LESS OFTEN THAN
10 ANNUALLY, REPORTS DETAILING THE ACTIVITIES AND EFFECTS OF THE
11 EFFORTS OF THE AFOREMENTIONED AND RECOMMENDING APPROPRIATE
12 AMENDMENTS TO THE STATE PLAN. THE EXECUTIVE DIRECTOR MAY DIRECT
13 AT HIS DISCRETION A PERFORMANCE AUDIT OF ANY ACTIVITY ENGAGED IN
14 PURSUANT TO THE STATE PLAN.
15 (I) (H) THE COUNCIL SHALL SUBMIT AN ANNUAL REPORT TO THE <--
16 GENERAL ASSEMBLY WHICH SHALL SPECIFY THE ACTIONS TAKEN AND
17 SERVICES PROVIDED AND FUNDS EXPENDED UNDER EACH PROVISION OF
18 THIS ACT AND AN EVALUATION OF THEIR EFFECTIVENESS, AND WHICH
19 SHALL CONTAIN THE CURRENT STATE PLAN. THE COUNCIL SHALL SUBMIT
20 SUCH ADDITIONAL REPORTS AS MAY BE REQUESTED BY THE GENERAL
21 ASSEMBLY AND SUCH RECOMMENDATIONS AS WILL FURTHER THE
22 PREVENTION, TREATMENT, AND CONTROL OF DRUG AND ALCOHOL ABUSE AND
23 DEPENDENCE.
24 (J) (I) THE COUNCIL SHALL MAKE PROVISION FOR FACILITIES IN <--
25 EACH CITY OR REGION OR CATCHMENT AREA WHICH SHALL PROVIDE
26 INFORMATION ABOUT THE TOTAL COMMONWEALTH DRUG AND ALCOHOL ABUSE
27 AND DRUG AND ALCOHOL DEPENDENCY PROGRAMS AND SERVICES.
28 (K) (J) THE COUNCIL MAY, FOR THE AUTHENTICATION OF ITS <--
29 RECORDS, PROCESS AND PROCEEDINGS, ADOPT, KEEP AND USE A COMMON
30 SEAL OF WHICH SEAL JUDICIAL NOTICE SHALL BE TAKEN IN ALL COURTS
19710H0850B2509 - 44 -
1 OF THIS COMMONWEALTH AND ANY PROCESS, WRIT, NOTICE OR OTHER
2 DOCUMENT, WHICH THE COUNCIL MAY BE AUTHORIZED BY LAW TO ISSUE,
3 SHALL BE DEEMED SUFFICIENT IF SIGNED BY THE CHAIRMAN OR
4 SECRETARY OF THE COUNCIL AND AUTHENTICATED BY SUCH SEAL. ALL
5 ACTS, PROCEEDINGS, ORDERS, PAPERS, FINDINGS, MINUTES AND RECORDS
6 OF THE COUNCIL AND ALL REPORTS AND DOCUMENTS FILED WITH THE
7 COUNCIL, MAY BE PROVED IN ANY COURT OF THIS COMMONWEALTH BY A
8 COPY THEREOF CERTIFIED TO BY THE CHAIRMAN OR SECRETARY OF THE
9 COUNCIL WITH THE SEAL OF THE COUNCIL ATTACHED.
10 SECTION 5. ADMISSIONS AND COMMITMENTS.--ADMISSIONS AND
11 COMMITMENTS TO TREATMENT FACILITIES MAY BE MADE ACCORDING TO THE
12 PROCEDURAL ADMISSION AND COMMITMENT PROVISIONS OF THE ACT OF
13 OCTOBER 20, 1966 (P.L.96), KNOWN AS THE "MENTAL HEALTH AND
14 MENTAL RETARDATION ACT OF 1966."
15 Section 15. 6. Drug or Alcohol Abuse Services in <--
16 Correctional Institutions, JUVENILE DETENTION FACILITIES and on <--
17 Probation and Parole.--(a) The services established by this act
18 shall be used by the Department of Justice AND THE DEPARTMENT OF <--
19 PUBLIC WELFARE for drug and alcohol abusers or drug and alcohol
20 dependent offenders, including juveniles, placed on work
21 release, probation, parole, or other conditional release. The
22 council and SHALL COORDINATE THE DEVELOPMENT OF AND ENCOURAGE <--
23 STATE AGENCIES AND DEPARTMENTS INCLUDING the Bureau of
24 Correction and Board of Probation and Parole, shall cooperate in <--
25 establishing and encouraging the establishment of PURSUANT TO <--
26 THE STATE PLAN, TO ESTABLISH community based drug and alcohol
27 abuse treatment services and of drug and alcohol abuse treatment
28 services in State and county correctional institutions.
29 MEDICAL DETOXIFICATION AND TREATMENT SHALL BE PROVIDED FOR <--
30 PERSONS PHYSICALLY DEPENDENT UPON ALCOHOL OR CONTROLLED
19710H0850B2509 - 45 -
1 SUBSTANCES AT CORRECTIONAL INSTITUTIONS AND JUVENILE DETENTION
2 FACILITIES OR IN AVAILABLE APPROPRIATE MEDICAL FACILITIES.
3 (b) The conditional release of any drug or alcohol abuser or
4 drug or alcohol dependent person convicted of any Commonwealth
5 offense may be conditioned on the person's agreement to periodic
6 urine analysis URINALYSIS or other REASONABLE means of detecting <--
7 narcotic drugs CONTROLLED SUBSTANCES OR ALCOHOL within the body. <--
8 (c) The Bureau of Correction and Board of Probation and
9 Parole may transfer an offender placed on conditional release
10 from one treatment service to another depending upon his
11 response to treatment. The decision whether to retain or to
12 restrict or to revoke probation or parole or other conditional
13 release after failure to conform to a schedule for
14 rehabilitation shall be made on the basis of what is most
15 consistent with both the rehabilitation of the individual and
16 the safety of the community. All reasonable methods of treatment
17 shall be used to prevent relapses and to promote rehabilitation.
18 The council shall provide periodic reports and recommendations
19 to the Bureau of Correction and Board of Probation and Parole on
20 persons being treated pursuant to this section.
21 Section 16. 7. Availability of Criminal Records.--In order <--
22 to facilitate the treatment and rehabilitation of drug abusers
23 and drug dependent persons, any arrest for a criminal offense
24 under "The Drug, Device and Cosmetic Act of 1971" THE CONTROLLED <--
25 SUBSTANCE, DRUG, DEVICE AND COSMETIC ACT or under the provisions
26 of Pennsylvania law previously governing narcotics and dangerous
27 drugs CONTROLLED SUBSTANCES shall no longer be available as part <--
28 of the person's public arrest and other public criminal records
29 when the charges are withdrawn or dismissed or the person is
30 acquitted of the charges.
19710H0850B2509 - 46 -
1 Section 17. 8. 7. Retention of Civil Rights and Liberties.-- <--
2 A person receiving care or treatment under the provisions of
3 this act shall retain ALL OF his civil rights and liberties <--
4 except as herein otherwise explicitly provided. PROVIDED BY LAW. <--
5 Section 18. 9. 8. Confidentiality of Records.--(a) A <--
6 complete medical, social, occupational, and family history shall
7 be obtained as part of the diagnosis, classification and
8 treatment of a patient pursuant to this act. Copies of all
9 pertinent records from other agencies, practitioners,
10 institutions, and medical facilities shall be obtained in order
11 to develop a complete and permanent confidential personal
12 history for purposes of the patient's treatment.
13 (b) All patient records (including all records relating to
14 any commitment proceeding) prepared or obtained pursuant to this
15 act, and all information contained therein, shall remain
16 confidential, and may be disclosed ONLY with the patient's <--
17 consent AND only (I) to medical personnel and only EXCLUSIVELY <--
18 for purposes of diagnosis and treatment of the patient or (II) <--
19 to government or other officials EXCLUSIVELY for the purpose of <--
20 obtaining benefits due the patient as a result of his drug or
21 alcohol abuse or drug or alcohol dependence EXCEPT THAT IN <--
22 EMERGENCY MEDICAL SITUATIONS WHERE THE PATIENT'S LIFE IS IN
23 IMMEDIATE JEOPARDY, PATIENT RECORDS MAY BE RELEASED WITHOUT THE
24 PATIENT'S CONSENT TO PROPER MEDICAL AUTHORITIES SOLELY FOR THE
25 PURPOSE OF PROVIDING MEDICAL TREATMENT TO THE PATIENT.
26 Disclosure may be made for purposes unrelated to such treatment
27 or benefits ONLY upon an order of a court OF COMMON PLEAS after <--
28 application showing good cause therefor. In determining whether
29 there is good cause for disclosure, the court shall weigh the
30 need for the information sought to be disclosed against the
19710H0850B2509 - 47 -
1 possible harm of disclosure to the person to whom such
2 information pertains, the physician-patient relationship, and
3 to the treatment services, and may condition disclosure of the
4 information upon any appropriate safeguards. No such records or
5 information may be used to initiate or substantiate CRIMINAL <--
6 charges against a patient under any circumstances.
7 (c) All patient records and all information contained
8 therein relating to drug or alcohol abuse or drug or alcohol
9 dependence prepared or obtained by a private practitioner,
10 HOSPITAL, CLINIC, DRUG REHABILITATION OR DRUG TREATMENT CENTER <--
11 shall remain confidential and may be disclosed only with the
12 patient's consent and only (I) to medical personnel EXCLUSIVELY <--
13 for purposes of diagnosis and treatment of the patient or (II) <--
14 to government or other officials EXCLUSIVELY for the purpose of <--
15 obtaining benefits due the patient as a result of his drug or
16 alcohol abuse or drug or alcohol dependence.
17 Section 19. 10. 9. Welfare.--(a) Drug and alcohol abuse and <--
18 dependence shall, for the purpose of all State welfare programs
19 be regarded as a major health and economic problem.
20 (b) State agencies charged with administering such welfare
21 programs shall take action to reduce the incidence of financial
22 indigency and family disintegration caused by drug and alcohol
23 abuse and dependence, and shall provide for treatment and <--
24 rehabilitation services for those persons enrolled in welfare
25 programs whose financial eligibility for such assistance
26 results, in part or in whole, from drug and alcohol dependence.
27 (c) Persons otherwise eligible for such welfare assistance
28 shall not be ineligible for such assistance because of drug and
29 alcohol abuse and dependence unless they refuse to accept
30 AVAILABLE treatment and rehabilitation services. Any person <--
19710H0850B2509 - 48 -
1 whose financial eligibility for such assistance results in whole
2 or in part, from drug and alcohol abuse or dependence shall be
3 provided the services of appropriate treatment and <--
4 rehabilitation services UPON RECEIPT OF SUBSTANTIAL EVIDENCE OF <--
5 SUCH ALCOHOL OR DRUG DEPENDENCY OR ABUSE, THE DEPARTMENT OF
6 PUBLIC WELFARE SHALL REFER SAID WELFARE RECIPIENT TO THE MENTAL
7 HEALTH-MENTAL RETARDATION PROGRAM OF THE RECIPIENT'S CATCHMENT
8 AREA, WHICH SHALL PROVIDE AN APPROPRIATE EXAMINATION. TREATMENT
9 AND REHABILITATION SERVICES WILL BE DEEMED TO BE NECESSARY AND
10 WILL BE CONSIDERED TO BE AVAILABLE upon a certification by a <--
11 responsible medical officer THE ADMINISTRATOR OF THE COMMUNITY <--
12 MENTAL HEALTH-MENTAL RETARDATION PROGRAM FOR THE CATCHMENT AREA
13 IN WHICH THE RECIPIENT RESIDES that: (i) THE RECIPIENT'S <--
14 FINANCIAL ELIGIBILITY FOR SUCH ASSISTANCE RESULTS IN WHOLE OR IN
15 PART FROM DRUG OR ALCOHOL ABUSE OR DEPENDENCE, the services will
16 more likely than not be appropriate for the recipient, and (ii)
17 the services can accommodate the recipient. After such
18 certification, participation by the recipient in the AVAILABLE <--
19 program shall be a requirement REQUIREMENT for continuing <--
20 eligibility for such assistance, in the absence of good cause
21 for nonparticipation AS DEFINED BY THE DEPARTMENT OF PUBLIC <--
22 WELFARE REGULATIONS.
23 (d) Any recipient of welfare assistance whose inability to
24 work or to participate in a work training program is the result
25 of drug and alcohol abuse or dependence shall be excused from
26 such participation only on condition that he accept appropriate
27 treatment and rehabilitation services made available to him.
28 (e) The council shall promulgate appropriate regulations and <--
29 offer technical assistance to the departments and agencies of
30 the Commonwealth in providing programs of education about drug
19710H0850B2509 - 49 -
1 and alcohol abuse and drug and alcohol dependence for children
2 of school age and adults responsible for them, and appropriate
3 treatment for children physically or mentally damaged or
4 otherwise affected, as a result of drug or alcohol abuse or drug
5 or alcohol dependence on the part of such children and other
6 children or adults with whom they have significant contact.
7 Section 20. 11. 10. General.--Drug and alcohol abuse or <--
8 dependence shall be regarded as a health problem, sickness,
9 PHYSICAL AND MENTAL illness, disease, disability, or similar <--
10 term, for purposes of all legislation relating to health,
11 welfare, and rehabilitation programs, services, funds and other
12 benefits. Any legislation providing for medical assistance, <--
13 medical care, treatment, rehabilitation or other similar
14 services, shall be regarded as including programs and services
15 for the prevention and treatment of drug and alcohol abuse and
16 dependence.
17 Section 21. Grants and Contracts for the Prevention and
18 Treatment of Drug and Alcohol Abuse and Dependence.--(a) The
19 council is authorized to make grants and enter into contracts
20 for the prevention and treatment of drug and alcohol abuse and
21 dependence to assist local governments and public and private
22 nonprofit agencies, institutions, and organizations to:
23 (1) Meet the costs of equipment and operating treatment and
24 rehabilitation facilities including but not limited to emergency
25 medical, inpatient, intermediate care, rehabilitative and
26 outpatient facilities for drug or alcohol abusers and drug or
27 alcohol dependent persons and to assist them to meet, for the
28 temporary periods specified in subsection (b) of this section, a
29 portion of the costs of compensation of personnel for the
30 initial operation of such facilities, and of new services in
19710H0850B2509 - 50 -
1 existing facilities for drug or alcohol abusers and drug or
2 alcohol dependent persons;
3 (2) Conduct research, demonstration, and evaluation
4 projects, including surveys and field trials, looking toward the
5 development of improved, expanded, and more effective methods of
6 prevention and treatment of drug or alcohol abuse and drug or
7 alcohol dependence;
8 (3) Provide education and training for professional
9 personnel, including medical, psychiatric, vocational
10 rehabilitation, and social welfare personnel, in academic and
11 professional institutions and in postgraduate courses, about the
12 prevention and treatment of drug and alcohol abuse and drug and
13 alcohol dependence, and provide training for such personnel in
14 the administration, operation, and supervision of programs and
15 services for the prevention and treatment of drug and alcohol
16 abuse and drug and alcohol dependence;
17 (4) Recruit, educate, train, organize, and employ community
18 drug and alcohol abuse and drug and alcohol dependence
19 prevention and treatment personnel to serve with and under the
20 direction of professional medical, psychiatric, vocational
21 rehabilitation, and social welfare personnel in drug and alcohol
22 abuse and drug and alcohol dependence and prior criminal arrests
23 or convictions shall not be a bar to such employment;
24 (5) Provide services in correctional and penal institutions
25 for the prevention and treatment of drug and alcohol abuse and
26 drug and alcohol dependence;
27 (6) Provide services, in cooperation with schools, law
28 enforcement agencies, courts and other public and private
29 nonprofit agencies, institutions, and organizations, for the
30 prevention and treatment of drug and alcohol abuse and drug and
19710H0850B2509 - 51 -
1 alcohol dependence among juveniles and young adults. These
2 services where feasible shall include curricula for drug and
3 alcohol abuse education in elementary and secondary schools, and
4 among parents and other adults;
5 (7) Provide programs and services, in cooperation with local
6 law enforcement agencies, the courts, and other public and
7 private nonprofit agencies, institutions, and organizations, for
8 the instruction of law enforcement officers, prosecuting
9 attorneys, court personnel, the judiciary, probation and parole
10 officers, correctional officials and legal aid, public defender,
11 and neighborhood legal services attorneys with respect to the
12 causes, effects, prevention, and treatment of drug or alcohol
13 abuse and drug or alcohol dependence. Such programs and services
14 shall include, where possible a full range of services available
15 to State and local courts for diagnosis, counseling, and
16 treatment for drug or alcohol abuse and drug or alcohol
17 dependence for persons coming before the courts;
18 (8) Provide services for outpatient counseling of drug and
19 alcohol abusers and drug and alcohol dependent persons to
20 include employment, welfare, legal, education, and other
21 assistance, in cooperation and coordination with welfare and
22 rehabilitation personnel;
23 (9) Develop or evaluate curriculums on drug and alcohol
24 abuse prevention and treatment, including the preparation of new
25 and improved curricular materials for use in elementary,
26 secondary, college, and adult education programs;
27 (10) Develop or evaluate a program of dissemination of
28 curricular material;
29 (11) Provide training programs on drug and alcohol abuse and
30 drug and alcohol dependence (including courses of study,
19710H0850B2509 - 52 -
1 institutes, seminars, films, workshops, and conferences) for
2 teachers, counselors, and other educational personnel;
3 (12) Provide community education programs on drug and
4 alcohol abuse (including courses of study, institutes, seminars,
5 films, workshops, and conferences) especially for parents and
6 other adults in the community;
7 (13) Assist local education agencies in the planning,
8 development, and implementation of drug and alcohol abuse
9 education programs; and
10 (14) Develop educational material and programs about the
11 prevention and treatment of, and problems arising from, drug or
12 alcohol abuse and drug and alcohol dependence, for use of
13 distribution by any form of mass media.
14 (b) The amount of any grant made under subsection (a) of
15 this section shall not exceed fifty per cent of the cost of the
16 program or project specified in the application for such grant
17 and may be made only for the period beginning with the first day
18 for which such a grant is made and ending with the close of five
19 years after such first day. Such grants may not exceed sixty per
20 cent of such costs for the period ending with the close of the
21 twenty-fourth month following such first day, forty per cent of
22 such costs for the first year thereafter, thirty per cent of
23 such costs for the second year thereafter and twenty per cent of
24 such costs of the third year thereafter.
25 Section 22. 12. 11. Admission to Private and Public <--
26 Hospitals.--Drug and alcohol abusers and DRUG AND ALCOHOL <--
27 dependent persons shall be admitted to and treated in secure and <--
28 appropriate facilities of private and public hospitals on the
29 basis of medical need and shall not be discriminated against
30 because of their drug or alcohol abuse or dependence. Any <--
19710H0850B2509 - 53 -
1 hospital that violates this section shall not receive financial
2 assistance under the provisions of this act or any other law of
3 this Commonwealth. No such action shall be taken without due
4 notice by the council to the appropriate person or persons of
5 the failure to comply with this section, and an opportunity for
6 a correction or a hearing as provided by law. Actions taken
7 under this section shall be subject to judicial review as
8 provided by the "Administrative Agency Law."
9 SECTION 13. 12. CONSENT OF MINOR.--NOTWITHSTANDING ANY OTHER <--
10 PROVISIONS OF LAW, A MINOR WHO SUFFERS FROM THE USE OF A
11 CONTROLLED OR HARMFUL SUBSTANCE MAY GIVE CONSENT TO FURNISHING
12 OF MEDICAL CARE OR COUNSELING RELATED TO DIAGNOSIS OR TREATMENT.
13 THE CONSENT OF THE PARENTS OR LEGAL GUARDIAN OF THE MINOR SHALL
14 NOT BE NECESSARY TO AUTHORIZE MEDICAL CARE OR COUNSELING RELATED
15 TO SUCH DIAGNOSIS OR TREATMENT. THE CONSENT OF THE MINOR SHALL
16 BE VALID AND BINDING AS IF THE MINOR HAD ACHIEVED HIS MAJORITY.
17 SUCH CONSENT SHALL NOT BE VOIDABLE NOR SUBJECT TO LATER
18 DISAFFIRMANCE BECAUSE OF MINORITY. ANY PHYSICIAN OR ANY AGENCY
19 OR ORGANIZATION OPERATING A DRUG ABUSE PROGRAM, WHO PROVIDES
20 COUNSELING TO A MINOR WHO USES ANY CONTROLLED OR HARMFUL
21 SUBSTANCE MAY, BUT SHALL NOT BE OBLIGATED TO INFORM THE PARENTS
22 OR LEGAL GUARDIAN OF ANY SUCH MINOR AS TO THE TREATMENT GIVEN OR
23 NEEDED.
24 Section 23 14. 13. Advisory Committee on Drug and Alcohol <--
25 Abuse and Dependence.--(a) The Governor shall appoint an
26 Advisory Committee on Drug and Alcohol Abuse and Dependence, to
27 consist of fifteen qualified persons who have knowledge of and
28 an interest in the subject, to represent different geographical
29 regions and occupations, and some of whom must formerly have
30 been drug or alcohol abusers or drug dependent persons, to
19710H0850B2509 - 54 -
1 advise and consult with the council and to assist them in
2 carrying out the provisions of this act.
3 (b) The members of the committee shall elect a chairman, who
4 shall serve a one-year term but may be reelected. The members of
5 the committee shall be appointed for three-year terms. but of <--
6 the members first appointed, five shall be appointed for a one-
7 year term, five for a two-year term and five for a three-year
8 term. Each member shall serve until his successor is appointed.
9 (c) The committee shall meet at least once every two months,
10 and may meet more often. It shall consult at regular intervals
11 with representatives of the Commonwealth and political
12 subdivisions thereof, and with the judiciary, corrections,
13 probation, vocational rehabilitation, public welfare, parole and
14 other agencies as may become involved in a total treatment and
15 rehabilitation effort to control drug and alcohol abuse and
16 dependence.
17 (d) The members of the committee shall serve without
18 compensation but may be reimbursed for actual expenses incurred.
19 Section 24. Law Enforcement Officials.--Because of full <--
20 cooperation of law enforcement officials is essential for the
21 effective implementation of the provisions of this act, the
22 council shall, in cooperation with the Attorney General, the
23 police, the courts, and other public and private agencies,
24 provide services and consultation for the education of
25 policemen, prosecuting attorneys, court personnel, the
26 judiciary, probation and parole officers, correctional
27 officials, and other law enforcement personnel, with respect to
28 the cause, effects and treatment for drug and alcohol abuse and
29 dependence. Further, the council shall foster and coordinate a
30 full range of services available to the courts for diagnosis,
19710H0850B2509 - 55 -
1 counseling and treatment for drug and alcohol abuse and
2 dependence for persons coming before the courts.
3 Section 25. Programs.--None of the programs established by
4 this act shall go into effect until the council shall publicly
5 certify that the funds and facilities requisite thereto are
6 available.
7 Section 26. 15. 14. Savings Provision.--The provisions of <--
8 this act shall not affect any act done, liability incurred, or
9 right accrued or vested, or affect any suit or prosecution
10 pending to enforce any right or penalty or punish any offense
11 under the authority of any act of Assembly, or part thereof,
12 repealed by this act.
13 Section 27. Severability.--The provisions of this act are <--
14 severable and, if any provision or part hereof shall be held
15 invalid or unconstitutional or inapplicable to any person or
16 circumstances, such invalidity, unconstitutionality or
17 inapplicability shall not affect or impair the remaining
18 provisions of the act. It is hereby declared to be the
19 legislative intent that this act would have been adopted if such
20 invalid, unconstitutional or inapplicable provisions had not
21 been included therein.
22 Section 28. Repealer.--The act of August 20, 1953
23 (P.L.1212), entitled "An act providing for the study of the
24 problems of alcoholism; the treatment, commitment,
25 rehabilitation and protection of persons addicted to the
26 excessive use of alcoholic beverages; conferring powers and
27 imposing duties upon the courts and the Department of Health;
28 and making an appropriation," is repealed absolutely except that
29 section 4 of such act shall remain in full force and effect
30 until such time as the General Assembly enacts into law a
19710H0850B2509 - 56 -
1 provision for the establishment and maintenance of facilities as
2 provided by such section.
3 Section 29. Effective Date.--This act shall take effect
4 sixty days after the enactment thereof.
5 SECTION 16. 15. REPEALS.--(A) THE FOLLOWING ACTS AND PARTS <--
6 OF ACT ARE REPEALED TO THE EXTENT INDICATED:
7 (1) CLAUSE (4) OF SUBSECTION (A) OF SECTION 616, ACT OF
8 APRIL 29, 1959 (P.L.58), KNOWN AS "THE VEHICLE CODE,"
9 ABSOLUTELY.
10 (2) EXCEPT SECTION SECTIONS 1 AND 4, THE ACT OF AUGUST 20, <--
11 1953 (P.L.1212), ENTITLED "AN ACT PROVIDING FOR THE STUDY OF THE
12 PROBLEMS OF ALCOHOLISM; THE TREATMENT, COMMITMENT,
13 REHABILITATION AND PROTECTION OF PERSONS ADDICTED TO THE
14 EXCESSIVE USE OF ALCOHOLIC BEVERAGES; CONFERRING POWERS AND
15 IMPOSING DUTIES UPON THE COURTS AND THE DEPARTMENT OF HEALTH;
16 AND MAKING AN APPROPRIATION," ABSOLUTELY.
17 (3) THE ACT OF JANUARY 14, 1952 (P.L.1868), ENTITLED "AN ACT
18 PROVIDING FOR TREATMENT AND CURE IN DESIGNATED STATE
19 INSTITUTIONS OF PERSONS HABITUALLY ADDICTED TO THE USE OF
20 OPIATES, AND FOR THEIR ADMISSION TO AND CARE THEREIN AND THE
21 PAYMENT OF THE COST THEREOF; AND MAKING AN APPROPRIATION,"
22 ABSOLUTELY.
23 (B) ALL OTHER ACTS AND PARTS OF ACTS, GENERAL, LOCAL AND
24 SPECIAL, ARE REPEALED IN SO FAR AS THEY ARE INCONSISTENT
25 HEREWITH.
D19L32JH/19710H0850B2509 - 57 -