SENATE AMENDED
PRIOR PRINTER'S NOS. 939, 1490, 1545, PRINTER'S NO. 2552
1589, 2431, 2509
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 28, 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
19710H0850B2552 - 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;
19710H0850B2552 - 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
19710H0850B2552 - 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 <--
19710H0850B2552 - 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. AND SIX OTHER MEMBERS WHO SHALL BE APPOINTED AS
27 FOLLOWS: ONE BY THE ATTORNEY GENERAL, ONE BY THE SECRETARY OF
28 EDUCATION, ONE BY THE SECRETARY OF HEALTH, ONE BY THE
29 COMMISSIONER OF THE PENNSYLVANIA STATE POLICE, ONE BY THE
30 SECRETARY OF PUBLIC WELFARE AND ONE BY THE CHAIRMAN OF THE
19710H0850B2552 - 6 -
1 PENNSYLVANIA BOARD OF PROBATION AND PAROLE.
2 The President Pro Tempore of the Senate, <--
3 The Speaker of the House of Representatives,
4 The Minority Leader of the Senate,
5 The Minority Leader of the House of Representatives.
6 (c) A majority of the members shall constitute a quorum for
7 the purpose of conducting the business of the council, and
8 exercising all of its powers. Any member shall have the right to
9 designate another person to act in his place and such designee
10 shall be counted in any determination of a quorum. A vote of the
11 majority of the members or designees present shall be sufficient
12 for all actions of the council.
13 (d) The council shall have the power to prescribe, amend and <--
14 repeal bylaws, rules and regulations governing the manner in
15 which the business of the body is conducted and the manner in
16 which the powers granted to it are exercised. The council may
17 delegate supervision of the administration of council activities
18 to an executive director and such other employes as the chairman
19 shall appoint. Any or all of the responsibilities of the council
20 may be delegated to the director or other designated staff
21 members.
22 (e) The council shall have the power and its duty shall be:
23 (1) To coordinate the efforts of all State agencies in the
24 control, prevention, treatment, rehabilitation, research, and
25 training aspects of the drug and alcohol abuse and dependence
26 problems within the Commonwealth of Pennsylvania.
27 (2) To initiate new programs and develop a master State plan
28 for the control, prevention, treatment, rehabilitation, research
29 and training aspects of drug and alcohol abuse problems. Also,
30 to coordinate the efforts of the Commonwealth with those of the
19710H0850B2552 - 7 -
1 Federal and local governments as well as private agencies.
2 (3) To identify and, when possible, resolve inconsistencies
3 and duplications in the efforts of State agencies with respect
4 to the various aspects of the drug and alcohol abuse and
5 dependence.
6 (4) To collect, organize, and evaluate educational programs
7 and materials dealing with drug or alcohol abuse, dependence and
8 related problems.
9 (5) To distribute the evaluations to local communities, and
10 interested groups or individuals.
11 (6) To acquire and disseminate, to the extent that is
12 feasible, evaluated material which is considered most effective.
13 (7) To take all other actions that will improve or
14 contribute to the Commonwealth's response to the problems of
15 drug and alcohol abuse and dependence.
16 (f) The council shall have the power to do all things
17 necessary or convenient to carry out the powers granted to it by
18 this act.
19 (g) The council may, for the authentication of its records,
20 process and proceedings, adopt, keep and use a common seal of
21 which seal judicial notice shall be taken in all courts of this
22 Commonwealth and any process, writ, notice or other document,
23 which the council may be authorized by law to issue, shall be
24 deemed sufficient if signed by the chairman or secretary of the
25 council and authenticated by such seal. All acts, proceedings,
26 orders, papers, findings, minutes and records of the council and
27 all reports and documents filed with the council, may be proved
28 in any court of this Commonwealth by a copy thereof certified to
29 by the chairman or secretary of the council with the seal of the
30 council attached.
19710H0850B2552 - 8 -
1 (h) In order to enable the council to carry out the
2 provisions of this act, on various matters, it shall have the
3 power to issue subpoenas, requiring the attendance and testimony
4 of, or the production of, pertinent books and papers by persons
5 whom the council believes to have information, books or papers
6 of importance to it in carrying out the purposes and intent of
7 this act. Each member of the council and such officers, employes
8 or others employed in the work of the council designated by the
9 chairman of the council also shall have the power to administer
10 oaths and affirmations, to question witnesses thereunder, and to
11 examine such books and papers. The council may issue
12 commissions, letters rogatory, or other appropriate processes
13 outside the Commonwealth.
14 (i) Any person who refuses to obey a subpoena issued
15 hereunder, or to be sworn or affirmed, or to testify, or who is
16 guilty of any contempt after summons to appear, may be punished
17 as for contempt of court. For this purpose an application may be
18 made by the council to the court of common pleas within the
19 territorial jurisdiction of which the offense was committed, for
20 which purpose, such court is hereby given jurisdiction.
21 (j) The programs and services of the council shall be
22 staffed with an adequate number of personnel, who shall possess
23 appropriate qualifications and competence, and some of whom may
24 formerly have been drug abusers or drug dependent persons or
25 alcoholics. Prior criminal arrests or convictions shall not be a
26 bar to such employment.
27 The council is authorized to establish an administrative unit
28 or units for the purpose of enforcing the provisions of this act
29 and to employ such consultants, assistants, stenographers,
30 inspectors, clerks and other employes as, in its opinion, may be
19710H0850B2552 - 9 -
1 necessary and to fix their compensation subject to the act of
2 April 9, 1929 (P.L.177), known as "The Administrative Code of
3 1929," as amended.
4 (k) (1) The council shall have the authority to promulgate
5 in accordance with the provisions of this section any
6 regulations hereinbefore referred to in this act and such other
7 regulations regarding the possession, sale, purchase or
8 manufacture of drugs, devices or cosmetics as may be necessary
9 to aid in the enforcement of this act.
10 (2) (i) Prior to the promulgation, amendment or repeal of
11 any regulation under this act the council shall give at least
12 thirty days public notice of its proposed action, and shall
13 afford all interested persons an opportunity to present their
14 views thereon either orally or in writing. As soon as
15 practicable thereafter, the council shall either withdraw such
16 proposal or shall promulgate the proposed regulation; (ii) any
17 person aggrieved by the promulgation, amendment or repeal of a
18 regulation, or by the refusal to promulgate, amend or repeal a
19 regulation, may file objections with the council specifying,
20 with particularity, the reason why such action is deemed
21 objectionable and the grounds for such objection. As soon as
22 possible after the filing of objections, the council shall hold
23 a public hearing for the purpose of receiving evidence relevant
24 to such objections. As soon as practicable after completion of
25 hearings, the council shall issue an appropriate order either
26 confirming, modifying or withdrawing the regulation in question;
27 (iii) any party to proceedings, conducted pursuant to subclause
28 (ii) hereof, aggrieved by the order of the council, shall have a
29 right of appeal in accordance with the provisions of the
30 "Administrative Agency Law," and such order shall be deemed an
19710H0850B2552 - 10 -
1 "adjudication" as that term is defined and used in the
2 "Administrative Agency Law."
3 (l) The "Administrative Agency Law" shall be applicable in
4 its entirety in the administration of this act.
5 Section 4. Administrative Function of the Council.--It shall
6 be the duty of the council with respect to its administrative
7 functions to:
8 (1) Administer services and programs relating to the
9 prevention and treatment of drug and alcohol abuse and
10 dependence in this Commonwealth in accordance with this act;
11 (2) Administer the program for treatment and rehabilitation
12 of criminal offenders established under this act;
13 (3) Review and provide in writing an evaluation of the
14 adequacy and appropriateness of the provisions relating to the
15 prevention and treatment of drug and alcohol abuse and
16 dependence of all comprehensive local health, welfare, and
17 rehabilitation plans submitted to the council pursuant to this
18 act;
19 (4) Administer the grants and contracts authorized under
20 this act; and
21 (5) Administer any other service or program, or take any
22 other action, consistent with the intent and objectives of this
23 act.
24 Section 5. Planning Functions of the Council.--It shall be
25 the duty of the council with respect to its planning functions
26 to:
27 (1) Develop a detailed and comprehensive drug and alcohol
28 abuse and dependence control plan to implement the objectives
29 and policies of this act. The plan shall be submitted to the
30 General Assembly as soon as practicable, but not later than one
19710H0850B2552 - 11 -
1 year after the enactment date of this act. It shall be reviewed
2 annually and submitted to the General Assembly with any
3 appropriate revisions as part of the council's annual report.
4 The council shall, in developing the comprehensive plan, consult
5 and collaborate with all appropriate Federal and State and local
6 departments, boards, agencies and governmental units, and with
7 appropriate public and private nonprofit agencies, institutions,
8 and organizations. The plan shall specify how all available
9 health, welfare, educational, and rehabilitation resources
10 available to the Commonwealth, and how funds, programs,
11 services, and facilities authorized under existing legislation,
12 are to be utilized;
13 (2) Develop model drug and alcohol abuse and dependence
14 control plans for local governments, utilizing the concepts
15 incorporated in the comprehensive plan. The model plans shall be
16 reviewed on a periodic basis and revised to keep them current.
17 They shall specify how all types of community resources and
18 existing Federal and Commonwealth legislation may be utilized;
19 and
20 (3) Provide assistance and consultation to local
21 governments, public and private nonprofit agencies,
22 institutions, and organizations, and individuals with respect to
23 the prevention and treatment of drug and alcohol abuse and
24 dependence.
25 Section 6. Coordination Functions of the Council.--It shall
26 be the duty of the council with respect to its coordinating
27 functions to:
28 (1) Assist all Commonwealth departments and agencies in the
29 development and maintenance of appropriate prevention, treatment
30 and rehabilitation programs and services for drug and alcohol
19710H0850B2552 - 12 -
1 abuse and dependence;
2 (2) Serve in a consulting capacity to all courts,
3 departments, and agencies, including those responsible for
4 programs affected by this act, and to be responsible for
5 assisting in the development and coordination of a full range of
6 programs, facilities, and services available to them for
7 education, diagnosis, counseling, and treatment with respect to
8 the drug and alcohol abuse and dependence problems they
9 encounter;
10 (3) Coordinate all health and rehabilitation efforts to deal
11 with the problem of drug and alcohol abuse and dependence,
12 including but not limited to those relating to vocational
13 rehabilitation, manpower development and training, older
14 citizens, law enforcement assistance, health research
15 facilities, mental retardation facilities and community mental
16 health centers, juvenile delinquency, health professions,
17 educational assistance, hospital and medical facilities, social
18 security, community health services, education professions
19 development, higher education, Commonwealth employes health
20 benefits, economic opportunity, comprehensive health planning,
21 elementary and secondary education, highway safety and the civil
22 service laws;
23 (4) Encourage and assist local government programs and
24 services, and programs and services of public and private
25 nonprofit agencies, institutions, and organizations, for the
26 prevention and treatment of drug and alcohol abuse and
27 dependence;
28 (5) Stimulate more effective use of existing resources and
29 available services for the prevention and treatment of drug and
30 alcohol abuse and dependence;
19710H0850B2552 - 13 -
1 (6) Assist local governments in coordinating programs among
2 themselves for the prevention and treatment of drug and alcohol
3 abuse and dependence; and
4 (7) Cooperate with organized medicine to disseminate medical
5 guidelines for the use of controlled drugs and dangerous
6 substances in medical practice. A practitioner may prescribe,
7 administer, or dispense a controlled drug or dangerous substance
8 in the course of his professional practice: (i) in good faith
9 within the scope of the patient relationship, and (ii) in
10 accordance with principles of medical care and treatment
11 accepted by a responsible segment of the medical profession.
12 Section 7. Statistical Functions of the Council.--It shall
13 be the duty of the council with respect to its statistical
14 functions to:
15 (1) Gather and publish statistics pertaining to drug and
16 alcohol abuse and dependence, and related problems; and
17 (2) Promulgate regulations, with the approval of the
18 chairman, specifying uniform statistics to be obtained, records
19 to be maintained, and reports to be submitted, by public and
20 private departments, agencies, organizations, practitioners, and
21 other persons with respect to drug and alcohol abuse and
22 dependence, and related problems. Such statistics and reports
23 shall not reveal the identity of any patient or drug or alcohol
24 dependent person or other confidential information.
25 Section 8. Research Functions of the Council.--It shall be
26 the duty of the council with respect to its research functions
27 to:
28 (1) Conduct and encourage all forms of research,
29 investigations, experiments, and studies relating to the cause,
30 epidemiology, sociological aspects, prevention, diagnosis, and
19710H0850B2552 - 14 -
1 treatment of drug and alcohol abuse and dependence;
2 (2) Conduct, and encourage and assist others to conduct, all
3 forms of research, investigations, experiments, and studies
4 relating to the toxicology, pharmacology, chemistry, effects on
5 the health of drug and alcohol abusers, and danger to the public
6 health, of alcohol and controlled drugs and dangerous
7 substances. Investigation of the use of alcohol or any
8 controlled drug or dangerous substance for therapeutic,
9 research, experimental, or other investigational purposes
10 pursuant to this section shall be by a practitioner or other
11 qualified investigator, and in compliance with the requirements
12 and the law of this Commonwealth. Any such investigation may be
13 prohibited, delayed or terminated only on the grounds that the
14 investigator has materially falsified any application required
15 to be filed prior to the investigation, or has been convicted of
16 a felony under any law relating to controlled dangerous
17 substances, or has had his registration suspended or revoked and
18 is no longer authorized by law to engage in the dispensing or
19 administration of controlled dangerous substances, or fails to
20 establish adequate procedures to account for dangerous
21 controlled substances or to safeguard adequately his supply of
22 such drugs against diversion from legitimate investigational
23 use;
24 (3) Coordinate research conducted by the council with
25 research conducted by other State agencies, public and private
26 nonprofit agencies, institutions, and organizations, and
27 individuals. To facilitate this activity, the council shall
28 establish and maintain a complete and current register of all
29 practitioners and other qualified investigators engaged in any
30 form of clinical research on alcohol or controlled drugs or
19710H0850B2552 - 15 -
1 controlled dangerous substances listed in Schedule I of "The
2 Drug, Device and Cosmetic Act of 1971." Placement on such
3 register shall be pursuant to an application to the council
4 which shall state: (i) the name, address, and qualifications of
5 the applicant, (ii) the procedures used to account for dangerous
6 controlled substances and to safeguard such substances
7 adequately against diversion from legitimate investigational
8 use, and (iii) an outline of the investigation. Placement on
9 such register may be denied only for cause, and shall constitute
10 registration for purposes of "The Drug, Device and Cosmetic Act
11 of 1971," but shall not authorize the dispensing or
12 administration of alcohol or controlled drugs or controlled
13 dangerous substances to human beings except by persons licensed
14 or otherwise permitted to dispense or administer such substances
15 under applicable State laws;
16 (4) Make available research facilities and resources of the
17 council to appropriate authorities, health officials, and
18 individuals engaged in investigations or research related to the
19 purposes of this act. Such resources shall include the
20 maintenance of an adequate supply of alcohol and controlled
21 drugs and controlled dangerous substances for investigational
22 and research purposes, and the establishment of criteria
23 pursuant to which any registered investigator is to be
24 authorized to manufacture or otherwise acquire sufficient
25 alcohol, controlled drugs or controlled dangerous substances for
26 his legitimate investigational and research needs;
27 (5) Make grants to, and contracts with, universities,
28 hospitals, laboratories and public and private nonprofit
29 agencies, institutions, and organizations, and individuals for
30 such research;
19710H0850B2552 - 16 -
1 (6) Establish an information center on such research, which
2 will gather and contain all available published and unpublished
3 data and information. All Commonwealth departments and agencies
4 shall send to the council any unpublished data and information
5 pertinent to the cause, prevention, diagnosis, and treatment of
6 drug and alcohol abuse and dependence, and the toxicology,
7 pharmacology, effects on the health of drug and alcohol abusers,
8 and danger to the public health of alcohol and controlled drugs
9 and controlled dangerous substances, and the council shall make
10 such data and information widely available;
11 (7) Investigate methods for the more precise detection and
12 determination of alcohol and narcotic drugs in urine and blood
13 samples, and by other means, and publish on a current basis
14 uniform methodology for such detections and determinations; and
15 (8) Evaluate existing and proposed new programs and services
16 for the prevention and treatment of drug and alcohol abuse and
17 dependence.
18 Any information obtained through investigation or research
19 conducted pursuant to this section shall be used in ways so that
20 no name or identifying characteristics of any person shall be
21 divulged without the approval of the council and the consent of
22 the person concerned. Persons engaged in research pursuant to
23 this section shall protect the privacy of individuals who are
24 the subject of such research by withholding from all persons not
25 connected with the conduct of such research the names or other
26 identifying characteristics of such individuals. Persons engaged
27 in such research shall protect the privacy of such individuals
28 and may not be compelled in any Federal, State, civil, criminal,
29 administrative, legislative, or other proceeding to identify
30 such individuals.
19710H0850B2552 - 17 -
1 Section 9. Training Functions of the Council.--It shall be
2 the duty of the council with respect to its training functions
3 to:
4 (1) Establish training programs for professional and
5 nonprofessional personnel with respect to drug and alcohol abuse
6 and dependence;
7 (2) Encourage the establishment of training courses for
8 professional and nonprofessional personnel by local governments
9 with respect to drug and alcohol abuse and dependence; and
10 (3) Establish and maintain training fellowships in the
11 council and elsewhere, and provide for such fellowships through
12 grants to public and private nonprofit agencies, institutions
13 and organizations.
14 Section 10. Educational Functions of the Council.--It shall
15 be the duty of the council with respect to its educational
16 functions to:
17 (1) Develop a model curriculum, including the provision of
18 relevant data and other information, for utilization by
19 elementary and secondary schools for instructing children about
20 drug and alcohol abuse and dependence;
21 (2) Develop a model curriculum, including the provision of
22 relevant data and other information, for utilization by parent-
23 teachers' associations, adult education centers, private citizen
24 groups, or other State or local sources, for instruction of
25 parents and other adults about drug and alcohol abuse and
26 dependence;
27 (3) Prepare a broad variety of educational material for use
28 in all media and to reach all segments of the population, that
29 can be utilized by public and private agencies, institutions,
30 and organizations in educational programs with respect to drug
19710H0850B2552 - 18 -
1 and alcohol abuse and dependence;
2 (4) Establish educational courses, including the provision
3 of relevant data and other information, on the causes and
4 effects of, and treatment for, drug and alcohol abuse and
5 dependence, for law enforcement officials (including prosecuting
6 attorneys, court personnel, the judiciary, probation and parole
7 officers, correctional officers, and other law enforcement
8 personnel), welfare, vocational rehabilitation, and other State
9 and local officials who come in contact with drug and alcohol
10 abuse and dependence problems;
11 (5) Develop educational courses, including the provision of
12 relevant data and other information, on the causes and effects
13 of, and treatment for, drug and alcohol abuse and dependence for
14 use by appropriate local government and private agencies,
15 institutions, and organizations, for local law enforcement
16 officials (including prosecuting attorneys, court personnel, the
17 judiciary, probation and parole officers, correction officials,
18 and other law enforcement personnel), local welfare, vocational
19 rehabilitation, personnel, and other local officials and
20 community leaders;
21 (6) Serve as a clearinghouse for the collection,
22 preparation, and dissemination of all information relating to
23 drug and alcohol abuse and dependence, including local drug and
24 alcohol abuse and dependence treatment plans, availability of
25 treatment resources, training and educational programs,
26 statistics, research, and other pertinent data and information;
27 (7) Recruit, train, organize, and employ professional and
28 other persons, including former drug and alcohol abusers and
29 drug or alcohol dependent persons, to organize and participate
30 in programs of public education; and
19710H0850B2552 - 19 -
1 (8) Coordinate activities carried on by all departments,
2 agencies and instrumentalities of the Commonwealth with respect
3 to health education aspects of drug and alcohol abuse and
4 undertake such other activities as the council may consider
5 important to a Commonwealth program of education relating to
6 drug and alcohol abuse and drug or alcohol dependence.
7 Section 11. Reporting Functions of the Council.--It shall be
8 the duty of the council with respect to its reporting functions
9 to:
10 (1) Submit an annual report to the General Assembly which
11 shall specify the actions taken and services provided and funds
12 expended under each provision of this act and an evaluation of
13 their effectiveness, and which shall contain the current drug
14 and alcohol abuse and dependence control plan;
15 (2) Submit such additional reports as may be requested by
16 the General Assembly; and
17 (3) Submit to the General Assembly such recommendations as
18 will further the prevention, treatment, and control of drug and
19 alcohol abuse and dependence.
20 Section 12. Treatment and Rehabilitation Services.--(a) The
21 council shall provide at least the following treatment and
22 rehabilitation services for male and female juveniles and adults
23 who are charged with, convicted of, or serving a criminal
24 sentence for any criminal offense under the law of this
25 Commonwealth and are eligible for treatment under this act:
26 (1) Emergency medical services;
27 (2) Inpatient services, which shall not be a part of or at
28 the same location as a correctional institution; and
29 (3) Intermediate care, rehabilitative and outpatient
30 services.
19710H0850B2552 - 20 -
1 The council shall give priority to developing these community
2 based treatment services in cooperation with other State
3 agencies or departments. Reasonable surveillance techniques such
4 as urine analysis may be used for treatment purposes but the
5 results thereof shall remain confidential and may not be used
6 against any patient in any criminal proceeding. Because of the
7 nature and seriousness of the disease a drug or alcohol
8 dependent person can be expected to relapse into drug or alcohol
9 abuse one or more times after the onset of therapy. The decision
10 whether to continue or to modify or to discontinue intermediate
11 care or outpatient treatment after one or more such relapses
12 shall be made on the basis of sound clinical judgment. All
13 reasonable methods of treatment shall be used to prevent their
14 recurrence. Supportive medical care, services, and residential
15 facilities shall be provided for drug or alcohol dependent
16 persons for whom treatment has repeatedly failed and recovery is
17 unlikely so that they may live in a decent and productive
18 manner.
19 (b) The treatment and rehabilitation services authorized by
20 this act may be provided at any available facility approved by
21 the council, including but not limited to State hospitals and
22 institutions, public and private general hospitals, community
23 mental health centers or their contracting agencies, and public
24 and private drug or alcohol dependence and drug and alcohol
25 abuse treatment and rehabilitation centers. The council may
26 contract with any appropriate public or private agency,
27 organization, or institution that has proper and adequate
28 facilities and personnel in order to carry out the purposes of
29 this act.
30 (c) There shall be in each city or region a central office
19710H0850B2552 - 21 -
1 to coordinate and provide information concerning the
2 availability of all such services. The council may determine the
3 area to be served by any such office.
4 (d) Any person assisted under this act may be required to
5 contribute toward the cost of his subsistence, care, or
6 treatment, to the extent that he is financially able to do so,
7 under regulations promulgated by the council. Such regulations
8 shall specify how funds available to any person as a result of
9 his drug or alcohol abuse or drug or alcohol dependence under
10 Federal or State government programs such as social security,
11 welfare, medicare, medicaid, veterans' benefits, and employe
12 health insurance plans and policies, shall be used to contribute
13 to the cost of such treatment so far as practicable without
14 imposing undue hardship on him or his family. No person may be
15 discriminated against on the basis of indigence.
16 Section 13. Emergency Medical Services.--(a) (1) Any person
17 charged with a misdemeanor under Pennsylvania law and who, in
18 the opinion of a qualified physician, appears to be a drug or
19 alcohol abuser, shall, after preliminary police processing and
20 an opportunity to consult with counsel, promptly be taken for
21 emergency medical services, where he shall either be admitted as
22 a patient or transported to another appropriate health facility
23 for treatment and diagnosis. Upon admission as a patient, such
24 person shall immediately be examined to determine whether: (i)
25 it is probable that he is not a drug or alcohol abuser and has
26 not committed a drug related misdemeanor, or (ii) it is probable
27 that he is not in need of emergency medical services although he
28 may be a drug or alcohol abuser, or (iii) it is probable that he
29 is a drug or alcohol abuser or a drug or alcohol dependent
30 person who is in need of emergency medical services. Such
19710H0850B2552 - 22 -
1 screening shall be completed within twenty-four hours of such
2 person's admission to emergency medical services. Any person
3 determined to fall within subclause (iii) of this clause shall
4 be detained there as long as is necessary to complete emergency
5 medical treatment, to conduct a diagnosis for possible drug or
6 alcohol dependence, but in no event longer than ten days after
7 his submission.
8 (2) Any person determined to fall within subclause (i) or
9 (ii) of clause (1) of this subsection (a) shall be released from
10 emergency medical services immediately upon completion of the
11 initial screening process, and in no event shall he be detained
12 there longer than twenty-four hours. Upon his release from
13 emergency medical services, he shall be handled as in any other
14 criminal case.
15 (3) If a person is determined to fall within subclause (iii)
16 of clause (1) of this subsection (a) and prior to trial on the
17 offense he requests voluntary treatment or civil commitment for
18 treatment in lieu of criminal prosecution, the medical officer
19 shall, after a review of his record, advise the government
20 attorney and the court in writing whether for the treatment and
21 rehabilitation of the person it would be preferable for the
22 criminal charges to be held in abeyance or withdrawn in order to
23 institute either voluntary treatment for his drug or alcohol
24 dependence or treatment for his drug or alcohol dependence under
25 civil commitment, or for the criminal charges to be prosecuted.
26 The government attorney shall exercise his discretion whether to
27 accept the medical officer's advice, but in the event that he
28 does not accept the medical officer's advice he shall state in
29 writing the reasons for his decision.
30 (4) If the criminal charges are prosecuted and such person
19710H0850B2552 - 23 -
1 is convicted, and at the time of conviction he requests
2 probation with treatment or civil commitment for treatment in
3 lieu of criminal punishment, the medical officer shall advise
4 the court in writing whether for the treatment and
5 rehabilitation of the person it would be preferable for him to
6 receive a suspended sentence and probation on the condition that
7 he undergo education and treatment for drug or alcohol abuse and
8 drug or alcohol dependence, or to be civilly committed pursuant
9 to this act for treatment in lieu of criminal punishment, or to
10 receive criminal incarceration. The court shall exercise its
11 discretion whether to accept the medical officer's advice.
12 (5) Any person determined to fall within subclause (iii) of
13 clause (1) of this subsection (a) shall immediately be informed
14 of his right to request any of the procedures for treatment in
15 lieu of criminal prosecution or punishment which are available
16 to him under clause (3) or (4) of this subsection (a) as a
17 result of his diagnosis. If such person is, as a result of his
18 drug or alcohol abuse or drug or alcohol dependence, unable at
19 the time of diagnosis either to understand or to make a rational
20 decision concerning his right to request treatment under such
21 subsections, he shall again be informed of such right as soon as
22 he is able to understand the choices available to him and to
23 make a rational decision concerning them.
24 (6) A criminal charge may be held in abeyance pursuant to
25 clause (3) of this subsection (a) for no longer than one year,
26 after which it is automatically dismissed. A person civilly
27 committed pursuant to this act may be returned to stand trial
28 within a year.
29 (b) (1) Any person charged with a felony under Pennsylvania
30 law and who, in the opinion of a qualified physician, appears to
19710H0850B2552 - 24 -
1 be a drug or alcohol abuser, shall, after preliminary police
2 processing and an opportunity to consult with counsel, promptly
3 be taken for emergency medical care services, where he shall
4 either be admitted as a patient or transported to another
5 appropriate health facility for treatment and diagnosis. Upon
6 admission as a patient, such person shall immediately be
7 examined to determine whether: (i) it is probable that he is not
8 a drug or alcohol abuser and has not committed a drug related
9 felony, or (ii) it is probable that he is not in need of
10 emergency medical services although he may be a drug or alcohol
11 abuser, or (iii) it is probable that he is a drug or alcohol
12 abuser or a drug or alcohol dependent person who is in need of
13 emergency medical services. Such screening shall be completed
14 within twenty-four hours of such person's admission to emergency
15 medical services. Any person determined to fall within subclause
16 (iii) of this clause shall be detained there as long as is
17 necessary to complete emergency medical treatment, to conduct a
18 diagnosis for possible drug or alcohol dependence, but in no
19 event longer than ten days after his admission.
20 (2) Any person determined to fall within subclause (i) or
21 (ii) of clause (1) of this subsection (b) shall be released from
22 emergency medical services immediately upon completion of the
23 initial screening process, and in no event shall he be detained
24 there longer than twenty-four hours. Upon his release from
25 emergency medical services, he shall be handled as in any other
26 criminal case.
27 (3) If a person determined to fall within subclause (iii) of
28 clause (1) of this subsection (b) is diagnosed as not a drug or
29 alcohol dependent person, he shall be handled as in any other
30 criminal case.
19710H0850B2552 - 25 -
1 (4) If a person determined to fall within subclause (iii) of
2 clause (1) of this subsection (b) is diagnosed as a drug or
3 alcohol dependent person and prior to trial on the offense he
4 requests voluntary treatment or civil commitment for treatment
5 in lieu of criminal prosecution, the medical officer shall,
6 after a review of his record, advise the government attorney and
7 the court in writing whether for the treatment and
8 rehabilitation of the person it would be preferable for the
9 criminal charges to be held in abeyance or withdrawn in order to
10 institute either voluntary treatment for his drug or alcohol
11 dependence or treatment for his drug or alcohol dependence under
12 civil commitment, or for the criminal charges to be prosecuted.
13 The government attorney shall exercise his discretion whether to
14 accept the medical officer's advice, but in the event that he
15 does not accept the medical officer's advice he shall state in
16 writing the reasons for his decision.
17 (5) If a person determined to fall within subclause (iii) of
18 clause (1) of this subsection (b) is diagnosed as a drug or
19 alcohol dependent person and he pleads nolo contendere or
20 guilty, or he is found guilty after trial, and at that time he
21 requests probation with treatment or civil commitment for
22 treatment in lieu of criminal punishment, the medical officer
23 shall advise the court in writing whether it would be preferable
24 for the treatment and rehabilitation of the person for him to
25 receive a suspended sentence and probation on the condition that
26 he undergo education and treatment for drug or alcohol abuse and
27 drug or alcohol dependence, or to be civilly committed for
28 treatment in lieu of criminal punishment, or to receive criminal
29 incarceration. The court shall exercise its discretion whether
30 to accept the medical officer's advice.
19710H0850B2552 - 26 -
1 (6) Any person diagnosed as a drug or alcohol dependent
2 person pursuant to clauses (4) or (5) of this subsection (b)
3 shall immediately be informed of his right to request probation
4 with treatment or civil commitment for treatment in lieu of
5 criminal punishment. If such person is, as a result of his drug
6 or alcohol dependence, unable at the time of diagnosis either to
7 understand or to make a rational decision concerning his right
8 to make such a request, he shall again be informed of such right
9 as soon as he is able to understand the choices available to him
10 and to make a rational decision concerning them.
11 (c) Any officer, government attorney, court, or probation or
12 parole officer shall refer any person to the council for
13 handling pursuant to subsection (a) or (b) of this section
14 whenever it appears that such person is a drug or alcohol abuser
15 or that an offense with which he is charged may be drug related.
16 (d) The medical officer shall be given all pertinent records
17 and information with respect to any person handled pursuant to
18 subsection (a) or (b) of this section by any department, agency,
19 officer, government attorney, court or probation or parole
20 officer who has such records or information.
21 Section 14. Civil Commitment for Treatment of Drug or
22 Alcohol Dependence.--(a) Any person who, through the excessive
23 use of drugs or alcoholic beverages, has become unable to care
24 for himself, his family, or his property, or has become a burden
25 on the public, or is in danger of harming himself or others may
26 be committed to the council for treatment and care for drug or
27 alcohol dependence as follows:
28 (1) Court commitment on voluntary application:
29 (i) Any person may apply to the council for commitment. The
30 application shall be in writing, upon forms to be furnished by
19710H0850B2552 - 27 -
1 the council, and shall be signed by the applicant in the
2 presence of at least one witness.
3 (ii) The council, upon receiving such application, shall
4 examine the applicant. If it finds that the applicant is
5 addicted to the excessive use of drugs or alcoholic beverages,
6 and that he is in need of care and will benefit from such
7 treatment, and that facilities are available to receive the
8 applicant, it shall make a certification to that effect, and
9 shall thereupon forward the application, together with its
10 certification, to the court of common pleas of the county
11 wherein the applicant is a resident.
12 (iii) The court, upon receiving the application and
13 certification, shall examine the same, and, in its discretion,
14 may hold a hearing, at which time the applicant shall be
15 present. If it finds the application to be in order, and no
16 reason exists to refuse it, the court shall forthwith order the
17 commitment of the applicant.
18 (iv) The testimony, of the applicant or any other person, at
19 any hearing held on any application may not be used against the
20 applicant in any other judicial proceeding.
21 (2) Court commitment upon petition of certain persons:
22 (i) A petition to commit any person to the council may be
23 presented to the court of common pleas of the county in which
24 such person is a resident or may be found, or if a resident of
25 or found in Philadelphia either to a court of common pleas or to
26 the Municipal Court of Philadelphia, and notice thereof shall be
27 given to the council which shall immediately certify to the
28 court whether facilities are available to receive the person
29 referred to in the petition in the event that the court should
30 order his commitment.
19710H0850B2552 - 28 -
1 (ii) The petition may be made by the spouse, parent, child,
2 legal guardian, the person having the legal custody or liability
3 for his support, his next friend, or any other responsible
4 person.
5 (iii) Whenever a petition is presented, and upon receipt of
6 the council's certification that facilities are available, the
7 court may immediately appoint a commission composed of three
8 persons, two qualified physicians and one attorney-at-law, who
9 shall prepare and file all necessary notices, reports and other
10 papers. Each member of the commission shall receive a fee
11 consistent with the prevailing scale in the county, as
12 determined by the court, for the time he is necessarily employed
13 in the duty of his appointment.
14 (iv) The commission shall hear such evidence as may be
15 offered or as they may require relating to the person sought to
16 be committed who is addicted to the excessive use of drugs or
17 alcoholic beverages, as well as his or his counsel's statement.
18 If such person shall refuse to submit to an examination before
19 the commission, the court may issue a warrant to bring him
20 before the commission for examination.
21 (v) The commission shall make a written report to the court,
22 setting forth whether or not they find that such person is in
23 fact addicted to the excessive use of drugs or alcoholic
24 beverages, and that he is in need of care and will benefit from
25 such treatment, and the facts on which their conclusion is
26 based.
27 (vi) Upon receipt of the petition for the commitment of such
28 person, or of the report of the commission if one has been
29 appointed, the court may fix a day for a hearing, to be held at
30 such place as the court directs. When the hearing is to be held,
19710H0850B2552 - 29 -
1 the court shall notify the parties in interest. The court may
2 require the presence of the person sought to be committed and
3 may exclude the public.
4 (vii) The testimony of any person at any hearing before the
5 commission or the court may not be used against the person who
6 is the subject of the petition in any other judicial proceeding.
7 If the court approves the report of the commission that the
8 person in question is addicted to the excessive use of drugs or
9 alcoholic beverages and that he is in need of care and will
10 benefit from such treatment, the court shall make an order
11 committing such person.
12 (3) Whenever any person is committed in accordance with the
13 provisions of subsection (a) of this section, the court may, at
14 the time of ordering commitment, appoint a guardian of the
15 estate of the person so committed, if it is necessary to protect
16 the interests and estate of such person.
17 (4) Any person committed under any of the provisions of
18 subsection (a) of this section shall thereby be subjected to
19 treatment and confinement for a period not to exceed one year:
20 Provided, however, That he may be released sooner than one year
21 in accordance with the provisions of subsections (d), (e) and
22 (f) of this section.
23 (5) The council in its discretion, may allow a leave of
24 absence to any person whose condition is such as to warrant it,
25 and upon such conditions as it may prescribe for the best
26 interests of such person, including supervision by any
27 nationally recognized scientific and service organizations whose
28 purpose is to treat and rehabilitate persons addicted to the
29 excessive use of drugs or alcoholic beverages: Provided, That
30 the council, upon learning of the violation of any such
19710H0850B2552 - 30 -
1 condition, may, in its discretion, request the committing court
2 for a warrant to return the person to confinement.
3 (6) The council may order and compel the final discharge of
4 any person, committed under the provisions of subsection (a) of
5 this section, as cured, or no longer being in need of care, or
6 as not amenable to treatment.
7 (7) Any person committed under the provisions of subsection
8 (a) of this section shall have the right at any time to secure
9 his release, by writ of habeas corpus, if it appears to the
10 court that such person is cured and not in need of further
11 treatment.
12 (8) The per diem rate for persons receiving care and
13 treatment in the facilities provided for in this act shall be
14 determined by rates established by the council, based on
15 estimates and actual cost of operation: Provided, however, That
16 no person shall be charged at a rate greater than the actual
17 cost of care and treatment.
18 Liability for all cost of treatment and care of any person
19 committed under the provisions of subsection (a) of this section
20 is hereby imposed, in the following order, against:
21 (1) The person's real and personal property.
22 (2) The persons liable for the patient's support.
23 (3) The county in which he resides.
24 (9) (i) In ordering the commitment of any person pursuant to
25 the provisions of subsection (a) of this section, the court, at
26 the time of commitment, shall make an order for the payment of
27 the costs of treatment and care of the patient. The court shall
28 take into consideration the ability to pay of the patient or the
29 persons liable for his support, and shall have the power or duty
30 to modify or revise the order from time to time on cause shown.
19710H0850B2552 - 31 -
1 (ii) Every order shall be entered in the prothonotary's
2 office and shall have the effect of a judgment.
3 (10) All money due the Commonwealth from the estate of a
4 person committed, or the persons liable for his support, or the
5 county in which he resides, for his treatment and care shall be
6 collected by the Department of Revenue, as collection agency for
7 the division, and shall be promptly transmitted by the
8 Department of Revenue to the State Treasurer.
9 (b) (1) The courts may commit to the council for treatment
10 and care for drug or alcohol dependence in lieu of criminal
11 prosecution or punishment for up to a specified period of time a
12 drug or alcohol dependent person who: (i) is charged with a
13 misdemeanor or felony and who, prior to trial on the offense,
14 requests such treatment in lieu of criminal prosecution; or (ii)
15 is charged with a misdemeanor or felony and who, after having
16 pled nolo contendere or guilty to, or having been found guilty
17 of, the offense charged, at the time sentence is imposed
18 requests such treatment in lieu of serving the sentence imposed;
19 or (iii) is serving a criminal sentence and petitions the court
20 for such treatment in lieu of serving the remainder of his
21 sentence.
22 (2) No term of commitment shall be ordered for a period
23 longer than the maximum sentence that could have been imposed
24 for the offense with which the person was charged with respect
25 to subclause (i) of clause (1) of this subsection (b), or for a
26 period longer than the sentence actually imposed with respect to
27 subclauses (ii) or (iii) of clause (1) of this subsection (b). A
28 patient may voluntarily remain in treatment for as long as the
29 medical officer believes warranted.
30 (c) Prior to the commitment of any person pursuant to
19710H0850B2552 - 32 -
1 subsections (a) or (b) of this section the court shall hold a
2 civil hearing without a jury and must find that he is a drug or
3 alcohol dependent person; and appropriate treatment is available
4 for him.
5 (d) The council shall immediately inform the court whenever
6 in its opinion any one of the findings made pursuant to
7 subsection (c) of this section is no longer applicable, or for
8 any reason the person should be unconditionally released.
9 (1) The council shall, after a review of the patient's
10 record, recommend to the court whether the commitment order
11 should be continued, or whether the patient should be
12 unconditionally released, or whether the patient should be
13 returned to stand trial if he was committed under subclause (i)
14 of clause (1) of subsection (b) of this section, or to serve the
15 remainder of his sentence if he was committed under subclauses
16 (ii) or (iii) of clause (1) of subsection (b) of this section,
17 or whether some other appropriate action should be taken. The
18 court shall hold a civil hearing and shall enter an appropriate
19 order.
20 (2) Time spent under civil commitment shall be counted
21 toward any sentence for a person returned to stand trial or to
22 serve the remainder of his sentence.
23 (3) A person committed under this section may be returned to
24 stand trial or to serve the remainder of his sentence if he does
25 not cooperate with an appropriate treatment or care program, or
26 if appropriate treatment or care is ineffective: Provided, That
27 the decision whether to return the person to stand trial or to
28 serve the remainder of his sentence after failure to conform to
29 a schedule for rehabilitation shall be made on the basis of what
30 is most consistent with the rehabilitation of the individual and
19710H0850B2552 - 33 -
1 the safety of the community.
2 (4) Except as otherwise provided herein, no person shall
3 remain committed for treatment or care pursuant to this section
4 after a court determines that any one of the findings made under
5 this act is no longer applicable.
6 (e) A committed person may, upon the expiration of six
7 months following the commitment order, and not more frequently
8 than every six months thereafter, request the council in writing
9 to conduct a review of the current applicability of the required
10 findings, and if the request is timely it shall be granted. The
11 patient may, at his own expense, have one or more qualified
12 physicians participate in this review or conduct an independent
13 review. The council shall, upon the written request of an
14 indigent patient, assist him in obtaining a qualified physician
15 to participate in the review, and such a physician shall be
16 compensated for his services by the council in an amount
17 determined by the council to be fair and reasonable. The council
18 shall report the result of the review to the patient. If the
19 patient is not released as a result of this review he may
20 petition the court for an order directing his release. The court
21 may hold a hearing and shall consider all pertinent evidence and
22 enter an appropriate order. The burden of proof in such a
23 proceeding shall remain on the council.
24 (f) In addition to the right of review upon a patient's
25 written request, the council shall as often as practicable, but
26 not less often than every six months, review a patient's status
27 under the required findings. Any right available to him for
28 obtaining release from confinement, including the right to
29 petition for a writ of habeas corpus, shall also be retained,
30 and the burden of proof in such a proceeding of the continuing
19710H0850B2552 - 34 -
1 existence of the findings upon which the commitment is based
2 shall remain on the council.
3 (g) A committed person or a person detained for treatment
4 may initially be placed in inpatient, intermediate care or
5 outpatient treatment on the basis of sound clinical judgment,
6 except that a person charged with or subject to a prison
7 sentence for a felony shall initially be placed in inpatient
8 treatment unless the court orders otherwise. The council may
9 transfer a committed person or a person detained for treatment
10 between inpatient, intermediate care, and outpatient services
11 without court permission on the basis of sound clinical
12 judgment, except that a court order must be obtained for the
13 transfer from inpatient status of any person charged with or
14 subject to a prison sentence for a felony. No committed person
15 may be unconditionally released without a court order. A
16 committed or detained person has a right to intermediate care
17 and outpatient status, and to unconditional release, as quickly
18 as is consistent with sound clinical judgment and with the
19 safety of other persons and of property.
20 (h) Neither mail nor other communications to or from a
21 person committed pursuant to this section may be read by others
22 or censored except when ordered by a physician for treatment
23 reasons: Provided, That reasonable regulations regarding
24 visiting hours and the use of telephone and telegraph facilities
25 may be adopted, and reasonable precautions may be used to
26 prevent persons from illegally obtaining controlled dangerous
27 substances.
28 (i) Upon the institutions of proceedings for the commitment
29 of a person pursuant to this act, the council shall give such
30 person and his nearest known adult relative a written statement
19710H0850B2552 - 35 -
1 and explanation outlining in simple nontechnical language the
2 procedure and rights set out in this section. If such person is
3 committed, the council shall give him and his nearest known
4 adult relative a further written statement and explanation
5 outlining all release procedures and other rights provided by
6 this section, as well as by other statutes and general legal
7 principles.
8 (j) A specific treatment plan, adopted to each individual,
9 shall be prepared and maintained by the council on a current
10 basis for every patient committed pursuant to this act. It shall
11 show the treatment planned and the treatment provided, in
12 sufficient detail to permit an evaluation or the adequacy of the
13 program for that individual. The plan shall be reviewed by the
14 court in considering the findings required by this act.
15 (k) Each individual treatment plan prepared pursuant to
16 subsection (j) of this section may utilize inpatient,
17 intermediate care, rehabilitative and outpatient services in
18 accordance with principles of medical care and treatment
19 accepted by a responsible segment of the medical profession. All
20 public and private community efforts, including but not limited
21 to welfare services, vocational rehabilitation, and job
22 replacement, shall be utilized as part of outpatient treatment
23 programs to integrate drug or alcohol dependent persons back
24 into society as productive citizens.
25 (l) Any hearing held pursuant to subsections (c), (d) or (e)
26 of this section shall be conducted according to the provisions
27 thereof.
28 (D) THE PUBLIC MEMBERS OF THE COUNCIL SHALL BE REIMBURSED AT <--
29 THE RATE OF ONE HUNDRED DOLLARS ($100) PER DAY FOR THEIR
30 SERVICES AND EXPENSES INCURRED IN THE PERFORMANCE OF THEIR
19710H0850B2552 - 36 -
1 DUTIES.
2 (E) (D) THE COUNCIL SHALL HAVE THE POWER TO PRESCRIBE, AMEND <--
3 AND REPEAL BYLAWS, RULES AND REGULATIONS GOVERNING THE MANNER IN
4 WHICH THE BUSINESS OF THE BODY IS CONDUCTED AND THE MANNER IN
5 WHICH THE POWERS GRANTED TO IT ARE EXERCISED.
6 (F) (E) THE COUNCIL SHALL DELEGATE SUPERVISION OF THE <--
7 ADMINISTRATION OF COUNCIL ACTIVITIES TO AN EXECUTIVE DIRECTOR
8 AND SUCH OTHER EMPLOYES AS THE CHAIRMAN SHALL APPOINT. ALL
9 EMPLOYES SHALL POSSESS ADEQUATE QUALIFICATIONS AND COMPETENCE.
10 SOME EMPLOYES MAY HAVE BEEN DRUG AND ALCOHOLIC ABUSERS OR DRUG
11 DEPENDENT PERSONS. PRIOR CRIMINAL CONVICTIONS SHALL NOT BE A BAR
12 TO SUCH EMPLOYMENT. RESPONSIBILITIES OF THE COUNCIL MAY BE
13 DELEGATED TO THE EXECUTIVE DIRECTOR OR OTHER DESIGNATED STAFF
14 MEMBERS. FURTHER, THE EXECUTIVE DIRECTOR MAY, WITH THE APPROVAL
15 OF THE COUNCIL, EMPLOY PERSONNEL OR CONSULTANTS NECESSARY IN
16 COORDINATING THE FORMULATION, IMPLEMENTATION AND EVALUATION OF
17 THE STATE PLAN.
18 SECTION 4. COUNCIL'S POWERS AND RESPONSIBILITIES.--(A) THE
19 COUNCIL SHALL DEVELOP AND ADOPT A STATE PLAN FOR THE CONTROL,
20 PREVENTION, TREATMENT, REHABILITATION, RESEARCH, EDUCATION, AND
21 TRAINING ASPECTS OF DRUG AND ALCOHOL ABUSE AND DEPENDENCE
22 PROBLEMS. THE STATE PLAN SHALL INCLUDE, BUT NOT BE LIMITED TO,
23 PROVISION FOR:
24 (1) COORDINATION OF THE EFFORTS OF ALL STATE AGENCIES IN THE
25 CONTROL, PREVENTION, TREATMENT, REHABILITATION, RESEARCH,
26 EDUCATION, AND TRAINING ASPECTS OF DRUG AND ALCOHOL ABUSE AND
27 DEPENDENCE PROBLEMS. IT SHALL ALLOCATE FUNCTIONAL RESPONSIBILITY
28 FOR THESE ASPECTS OF THE DRUG AND ALCOHOL ABUSE AND DEPENDENCE
29 PROBLEMS AMONG THE VARIOUS STATE AGENCIES SO AS TO AVOID
30 DUPLICATIONS AND INCONSISTENCIES IN THE EFFORTS OF THE AGENCIES.
19710H0850B2552 - 37 -
1 (2) COORDINATION OF ALL HEALTH AND REHABILITATION EFFORTS TO
2 DEAL WITH THE PROBLEM OF DRUG AND ALCOHOL ABUSE AND DEPENDENCE,
3 INCLUDING, BUT NOT LIMITED TO, THOSE RELATING TO VOCATIONAL
4 REHABILITATION, MANPOWER DEVELOPMENT AND TRAINING, SENIOR
5 CITIZENS, LAW ENFORCEMENT ASSISTANCE, PAROLE AND PROBATION
6 SYSTEMS, JAILS AND PRISONS, HEALTH RESEARCH FACILITIES, MENTAL
7 RETARDATION FACILITIES AND COMMUNITY MENTAL HEALTH CENTERS,
8 JUVENILE DELINQUENCY, HEALTH PROFESSIONS, EDUCATIONAL
9 ASSISTANCE, HOSPITAL AND MEDICAL FACILITIES, SOCIAL SECURITY,
10 COMMUNITY HEALTH SERVICES, EDUCATION PROFESSIONS DEVELOPMENT,
11 HIGHER EDUCATION, COMMONWEALTH EMPLOYES HEALTH BENEFITS,
12 ECONOMIC OPPORTUNITY, COMPREHENSIVE HEALTH PLANNING, ELEMENTARY
13 AND SECONDARY EDUCATION, HIGHWAY SAFETY AND THE CIVIL SERVICE
14 LAWS.
15 (3) ENCOURAGEMENT OF THE FORMATION OF LOCAL AGENCIES AND
16 LOCAL COORDINATING COUNCILS, AND PROMOTION OF COOPERATION, AND
17 COORDINATION AMONG SUCH GROUPS, AND ENCOURAGEMENT OF
18 COMMUNICATION OF IDEAS AND RECOMMENDATIONS FROM SUCH GROUPS TO
19 THE COUNCIL.
20 (4) DEVELOPMENT OF MODEL DRUG AND ALCOHOL ABUSE AND
21 DEPENDENCE CONTROL PLANS FOR LOCAL GOVERNMENT, UTILIZING THE
22 CONCEPTS INCORPORATED IN THE STATE PLAN. THE MODEL PLANS SHALL
23 BE REVIEWED ON A PERIODIC BASIS BUT NOT LESS THAN ONCE A YEAR,
24 AND REVISED TO KEEP THEM CURRENT. THEY SHALL SPECIFY HOW ALL
25 TYPES OF COMMUNITY RESOURCES AND EXISTING FEDERAL AND
26 COMMONWEALTH LEGISLATION MAY BE UTILIZED.
27 (5) ASSISTANCE AND CONSULTATION TO LOCAL GOVERNMENTS, PUBLIC
28 AND PRIVATE NONPROFIT AGENCIES, INSTITUTIONS, AND ORGANIZATIONS,
29 AND INDIVIDUALS WITH RESPECT TO THE PREVENTION AND TREATMENT OF
30 DRUG AND ALCOHOL ABUSE AND DEPENDENCE, INCLUDING COORDINATION OF
19710H0850B2552 - 38 -
1 PROGRAMS AMONG THEM.
2 (6) COOPERATION WITH ORGANIZED MEDICINE TO DISSEMINATE
3 MEDICAL GUIDELINES FOR THE USE OF DRUGS AND CONTROLLED
4 SUBSTANCES IN MEDICAL PRACTICE.
5 (7) COORDINATION FOR THE CONDUCT OF ALL FORMS OF RESEARCH, <--
6 SCIENTIFIC INVESTIGATIONS, EXPERIMENTS, AND STUDIES RELATING TO
7 THE CAUSE, EPIDEMIOLOGY, SOCIOLOGICAL ASPECTS, TOXICOLOGY,
8 PHARMACOLOGY, CHEMISTRY, EFFECTS ON HEALTH, DANGERS TO PUBLIC
9 HEALTH, PREVENTION, DIAGNOSIS AND TREATMENT OF DRUG AND ALCOHOL
10 ABUSE AND DEPENDENCE.
11 (8) INVESTIGATION OF METHODS FOR THE MORE PRECISE DETECTION
12 AND DETERMINATION OF ALCOHOL AND CONTROLLED SUBSTANCES IN URINE
13 AND BLOOD SAMPLES, AND BY OTHER MEANS, AND PUBLICATION ON A
14 CURRENT BASIS OF UNIFORM METHODOLOGY FOR SUCH DETECTIONS AND
15 DETERMINATIONS.
16 ANY INFORMATION OBTAINED THROUGH SCIENTIFIC INVESTIGATION OR
17 RESEARCH CONDUCTED PURSUANT TO THIS ACT SHALL BE USED IN WAYS SO
18 THAT NO NAME OR IDENTIFYING CHARACTERISTICS OF ANY PERSON SHALL
19 BE DIVULGED WITHOUT THE APPROVAL OF THE COUNCIL AND THE CONSENT
20 OF THE PERSON CONCERNED. PERSONS ENGAGED IN RESEARCH PURSUANT TO
21 THIS SECTION SHALL PROTECT THE PRIVACY OF INDIVIDUALS WHO ARE
22 THE SUBJECT OF SUCH RESEARCH BY WITHHOLDING FROM ALL PERSONS NOT
23 CONNECTED WITH THE CONDUCT OF SUCH RESEARCH THE NAMES OR OTHER
24 IDENTIFYING CHARACTERISTICS OF SUCH INDIVIDUALS. PERSONS ENGAGED
25 IN SUCH RESEARCH SHALL PROTECT THE PRIVACY OF SUCH INDIVIDUALS
26 AND MAY NOT BE COMPELLED IN ANY FEDERAL, STATE, CIVIL, CRIMINAL,
27 ADMINISTRATIVE, LEGISLATIVE, OR OTHER PROCEEDING TO IDENTIFY
28 SUCH INDIVIDUALS.
29 (9) ESTABLISHMENT OF TRAINING PROGRAMS FOR PROFESSIONAL AND
30 NONPROFESSIONAL PERSONNEL WITH RESPECT TO DRUG AND ALCOHOL ABUSE
19710H0850B2552 - 39 -
1 AND DEPENDENCE, INCLUDING THE ENCOURAGEMENT OF SUCH PROGRAMS BY
2 LOCAL GOVERNMENTS. THE STATE PLAN SHALL ALSO PROVIDE FOR <--
3 TRAINING FELLOWSHIPS THROUGH GRANTS TO PUBLIC AND PRIVATE
4 NONPROFIT AGENCIES, INSTITUTIONS AND ORGANIZATIONS.
5 (10) DEVELOPMENT OF A MODEL CURRICULUM, INCLUDING THE
6 PROVISION OF RELEVANT DATA AND OTHER INFORMATION, FOR
7 UTILIZATION BY ELEMENTARY AND SECONDARY SCHOOLS FOR INSTRUCTING
8 CHILDREN, AND FOR PARENT-TEACHERS' ASSOCIATIONS, ADULT EDUCATION
9 CENTERS, PRIVATE CITIZEN GROUPS, OR OTHER STATE AND LOCAL
10 SOURCES, FOR INSTRUCTION OF PARENTS AND OTHER ADULTS, ABOUT DRUG
11 AND ALCOHOL ABUSE AND DEPENDENCE.
12 (11) PREPARATION OF A BROAD VARIETY OF EDUCATIONAL MATERIAL
13 FOR USE IN ALL MEDIA, TO REACH ALL SEGMENTS OF THE POPULATION,
14 THAT CAN BE UTILIZED BY PUBLIC AND PRIVATE AGENCIES,
15 INSTITUTIONS, AND ORGANIZATIONS IN EDUCATIONAL PROGRAMS WITH
16 RESPECT TO DRUG AND ALCOHOL ABUSE AND DEPENDENCE.
17 (12) ESTABLISHMENT OF EDUCATIONAL COURSES, INCLUDING THE
18 PROVISION OF RELEVANT DATA AND OTHER INFORMATION, ON THE CAUSES
19 AND EFFECTS OF, AND TREATMENT FOR, DRUG AND ALCOHOL ABUSE AND
20 DEPENDENCE, FOR LAW ENFORCEMENT OFFICIALS (INCLUDING PROSECUTING
21 ATTORNEYS, COURT PERSONNEL, THE JUDICIARY, PROBATION AND PAROLE
22 OFFICERS, CORRECTIONAL OFFICERS AND OTHER LAW ENFORCEMENT
23 PERSONNEL), WELFARE, VOCATIONAL REHABILITATION, AND OTHER STATE
24 AND LOCAL OFFICIALS WHO COME IN CONTACT WITH DRUG ABUSE AND
25 DEPENDENCE PROBLEMS.
26 (13) RECRUITMENT, TRAINING, ORGANIZATION AND EMPLOYMENT OF
27 PROFESSIONAL AND OTHER PERSONS, INCLUDING FORMER DRUG AND
28 ALCOHOL ABUSERS AND DEPENDENT PERSONS, TO ORGANIZE AND
29 PARTICIPATE IN PROGRAMS OF PUBLIC EDUCATION.
30 (14) TREATMENT AND REHABILITATION SERVICES FOR MALE AND
19710H0850B2552 - 40 -
1 FEMALE JUVENILES AND ADULTS WHO ARE CHARGED WITH, CONVICTED OF,
2 OR SERVING A CRIMINAL SENTENCE FOR ANY CRIMINAL OFFENSE UNDER
3 THE LAW OF THIS COMMONWEALTH. PROVISION OF SIMILAR SERVICES
4 SHALL BE MADE FOR JUVENILES ADJUDGED TO BE DELINQUENT, DEPENDENT
5 OR NEGLECTED. THESE SERVICES SHALL INCLUDE BUT ARE NOT LIMITED
6 TO: (I) EMERGENCY MEDICAL SERVICES; (II) INPATIENT SERVICES; AND
7 (III) INTERMEDIATE CARE, REHABILITATIVE AND OUTPATIENT SERVICES.
8 THE STATE PLAN SHALL GIVE PRIORITY TO DEVELOPING COMMUNITY
9 BASED DRUG OR ALCOHOL ABUSE TREATMENT SERVICES IN A COOPERATIVE
10 MANNER AMONG STATE AGENCIES AND DEPARTMENTS. CONSIDERATION SHALL
11 BE GIVEN TO SUPPORTIVE MEDICAL CARE, SERVICES, OR RESIDENTIAL
12 FACILITIES FOR DRUG OR ALCOHOL DEPENDENT PERSONS FOR WHOM
13 TREATMENT HAS REPEATEDLY FAILED AND FOR WHOM RECOVERY IS
14 UNLIKELY.
15 THE STATE PLAN SHALL FURTHER PROVIDE STANDARDS FOR THE
16 APPROVAL BY THE RELEVANT STATE AGENCY FOR ALL PRIVATE AND PUBLIC
17 TREATMENT AND REHABILITATIVE FACILITIES, WHICH MAY INCLUDE BUT
18 ARE NOT LIMITED TO STATE HOSPITALS AND INSTITUTIONS, PUBLIC AND
19 PRIVATE GENERAL HOSPITALS, COMMUNITY MENTAL HEALTH CENTERS OR
20 THEIR CONTRACTING AGENCIES, AND PUBLIC AND PRIVATE DRUG OR
21 ALCOHOL DEPENDENCE AND DRUG AND ALCOHOL ABUSE AND DEPENDENCE
22 TREATMENT AND REHABILITATION CENTERS.
23 (15) GRANTS AND CONTRACTS FROM THE APPROPRIATE STATE
24 DEPARTMENT OR AGENCY FOR THE PREVENTION AND TREATMENT OF DRUG
25 AND ALCOHOL DEPENDENCE. THE GRANTS AND CONTRACTS MAY INCLUDE
26 ASSISTANCE TO LOCAL GOVERNMENTS AND PUBLIC AND PRIVATE NONPROFIT
27 AGENCIES, INSTITUTIONS, AND ORGANIZATIONS FOR PREVENTION,
28 TREATMENT, REHABILITATION, RESEARCH, EDUCATION AND TRAINING
29 ASPECTS OF THE DRUG AND ALCOHOL ABUSE AND DEPENDENCE PROBLEMS
30 WITH THE COMMONWEALTH. ANY GRANT MADE OR CONTRACT ENTERED INTO
19710H0850B2552 - 41 -
1 BY A DEPARTMENT OR AGENCY SHALL BE PURSUANT TO THE FUNCTIONS
2 ALLOCATED TO THAT DEPARTMENT OR AGENCY BY THE STATE PLAN.
3 (16) PREPARATION OF GENERAL REGULATIONS FOR, AND OPERATION
4 OF, PROGRAMS SUPPORTED WITH ASSISTANCE UNDER THIS ACT.
5 (17) ESTABLISHMENT OF PRIORITIES FOR DECIDING ALLOCATION OF
6 THE FUNDS UNDER THIS ACT.
7 (18) REVIEW THE ADMINISTRATION AND OPERATION OF PROGRAMS
8 UNDER THIS ACT, INCLUDING THE EFFECTIVENESS OF SUCH PROGRAMS IN
9 MEETING THE PURPOSES FOR WHICH THEY ARE ESTABLISHED AND
10 OPERATED, AND MAKE ANNUAL REPORTS OF ITS FINDINGS.
11 (19) EVALUATE THE PROGRAMS AND PROJECTS CARRIED OUT UNDER
12 THIS ACT AND DISSEMINATE THE RESULTS OF SUCH EVALUATIONS.
13 (B) IN DEVELOPING THE STATE PLAN INITIALLY, AND PRIOR TO ITS
14 AMENDMENT ANNUALLY, THE COUNCIL SHALL HOLD A PUBLIC HEARING AT
15 LEAST THIRTY DAYS PRIOR TO THE ADOPTION OF THE INITIAL STATE
16 PLAN AND SUBSEQUENT AMENDMENTS AND SHALL AFFORD THEREBY ALL
17 INTERESTED PERSONS AN OPPORTUNITY TO PRESENT THEIR VIEWS THEREON
18 EITHER ORALLY OR IN WRITING. THE COUNCIL, THROUGH ITS EXECUTIVE
19 DIRECTOR AND STAFF, SHALL CONSULT AND COLLABORATE WITH
20 APPROPRIATE FEDERAL AND STATE AND LOCAL DEPARTMENTS, BOARDS,
21 AGENCIES AND GOVERNMENTAL UNITS, AND WITH APPROPRIATE PUBLIC AND
22 PRIVATE NONPROFIT AGENCIES, INSTITUTIONS, GROUPS AND
23 ORGANIZATIONS. OTHERWISE THE PROMULGATION OF THE STATE PLAN
24 SHALL CONFORM TO THE PROCEDURE CONTAINED IN THE COMMONWEALTH
25 DOCUMENTS LAW.
26 (C) IN PERFORMING ITS FUNCTIONS OF DEVELOPING AND ADOPTING
27 THE STATE PLAN, THE COUNCIL SHALL NOT ITSELF PROVIDE THE
28 SERVICES, PROGRAMS AND OTHER EFFORTS DIRECTED TOWARD SOLUTION OF
29 DRUG AND ALCOHOL ABUSE AND DEPENDENCE PROBLEMS MANDATED BY THE
30 STATE PLAN. THE STATE PLAN SHALL ALLOCATE THE RESPONSIBILITY FOR
19710H0850B2552 - 42 -
1 ALL SERVICES, PROGRAMS AND OTHER EFFORTS PROVIDED FOR THEREIN
2 AMONG THE APPROPRIATE DEPARTMENTS, AGENCIES AND OTHER STATE
3 PERSONNEL. THE COUNCIL, THROUGH ITS EXECUTIVE DIRECTOR AND OTHER
4 EMPLOYES, SHALL HAVE THE POWER AND ITS DUTY SHALL BE TO REQUIRE
5 COMPLIANCE WITH THE PROVISIONS OF THE STATE PLAN.
6 (D) THE COUNCIL SHALL SUBMIT A WRITTEN REPORT OF THE STATE
7 PLAN TO THE GENERAL ASSEMBLY AS SOON AS PRACTICABLE, BUT NOT
8 LATER THAN ONE YEAR AFTER THE ENACTMENT OF THIS ACT.
9 (E) NOTWITHSTANDING ANY OTHER PROVISION IN THIS ACT, THE <--
10 DEPARTMENT OF PUBLIC WELFARE IS THE SOLE AGENCY FOR SUPERVISING
11 THE ADMINISTRATION OF THE STATE PLAN AS IT RELATES TO ALCOHOL
12 ABUSE AND ALCOHOLISM PREVENTION FOR PURPOSES OF COMPLIANCE WITH
13 PUBLIC LAW 91-616, THE COMPREHENSIVE ALCOHOL ABUSE AND
14 ALCOHOLISM PREVENTION, TREATMENT, AND REHABILITATION ACT OF
15 1970. THE DEPARTMENT OF PUBLIC WELFARE AFTER RECEIVING THE
16 APPROVAL OF THE COUNCIL IS AUTHORIZED TO MEET ALL REQUIREMENTS
17 OF THE AFORESAID FEDERAL ACT FOR PURPOSES OF RECEIVING FEDERAL
18 FUNDS FOR THE COMMONWEALTH'S ALCOHOL ABUSE AND DEPENDENCE
19 PROGRAM.
20 (F) (E) THE COUNCIL SHALL GATHER AND PUBLISH STATISTICS <--
21 PERTAINING TO DRUG AND ALCOHOL ABUSE AND DEPENDENCE AND
22 PROMULGATE REGULATIONS, WITH THE APPROVAL OF THE CHAIRMAN,
23 SPECIFYING UNIFORM STATISTICS TO BE OBTAINED, RECORDS TO BE
24 MAINTAINED AND REPORTS TO BE SUBMITTED, BY PUBLIC AND PRIVATE
25 DEPARTMENTS, AGENCIES, ORGANIZATIONS, PRACTITIONERS, AND OTHER
26 PERSONS WITH RESPECT TO DRUG AND ALCOHOL ABUSE AND DEPENDENCE,
27 AND RELATED PROBLEMS. SUCH STATISTICS AND REPORTS SHALL NOT
28 REVEAL THE IDENTITY OF ANY PATIENT OR DRUG OR ALCOHOL DEPENDENT
29 PERSON OR OTHER CONFIDENTIAL INFORMATION.
30 (G) (F) THE COUNCIL SHALL ESTABLISH AN INFORMATION CENTER, <--
19710H0850B2552 - 43 -
1 WHICH WILL ATTEMPT TO GATHER AND CONTAIN ALL AVAILABLE PUBLISHED
2 AND UNPUBLISHED DATA AND INFORMATION ON THE PROBLEMS OF DRUG AND
3 ALCOHOL ABUSE AND DEPENDENCE. ALL COMMONWEALTH DEPARTMENTS AND
4 AGENCIES SHALL SEND TO THE COUNCIL ANY DATA AND INFORMATION
5 PERTINENT TO THE CAUSE, PREVENTION, DIAGNOSIS AND TREATMENT OF
6 DRUG AND ALCOHOL ABUSE AND DEPENDENCE, AND THE TOXICOLOGY,
7 PHARMACOLOGY, EFFECTS ON THE HEALTH OF DRUG AND ALCOHOL ABUSERS
8 AND DANGER TO THE PUBLIC HEALTH OF ALCOHOL, DRUGS AND CONTROLLED
9 SUBSTANCES, AND THE COUNCIL SHALL MAKE SUCH DATA AND INFORMATION
10 WIDELY AVAILABLE.
11 (H) (G) TO FACILITATE THE EFFECTUATION OF THE PURPOSES OF <--
12 THIS ACT, THE COUNCIL, THROUGH ITS EXECUTIVE DIRECTOR, SHALL
13 REQUIRE ALL APPROPRIATE LOCAL AND STATE DEPARTMENTS, AGENCIES,
14 INSTITUTIONS AND OTHERS ENGAGED IN IMPLEMENTING THE STATE PLAN
15 TO SUBMIT AS OFTEN AS NECESSARY, BUT NO LESS OFTEN THAN
16 ANNUALLY, REPORTS DETAILING THE ACTIVITIES AND EFFECTS OF THE
17 EFFORTS OF THE AFOREMENTIONED AND RECOMMENDING APPROPRIATE
18 AMENDMENTS TO THE STATE PLAN. THE EXECUTIVE DIRECTOR MAY DIRECT
19 AT HIS DISCRETION A PERFORMANCE AUDIT OF ANY ACTIVITY ENGAGED IN
20 PURSUANT TO THE STATE PLAN.
21 (I) (H) THE COUNCIL SHALL SUBMIT AN ANNUAL REPORT TO THE <--
22 GENERAL ASSEMBLY WHICH SHALL SPECIFY THE ACTIONS TAKEN AND
23 SERVICES PROVIDED AND FUNDS EXPENDED UNDER EACH PROVISION OF
24 THIS ACT AND AN EVALUATION OF THEIR EFFECTIVENESS, AND WHICH
25 SHALL CONTAIN THE CURRENT STATE PLAN. THE COUNCIL SHALL SUBMIT
26 SUCH ADDITIONAL REPORTS AS MAY BE REQUESTED BY THE GENERAL
27 ASSEMBLY AND SUCH RECOMMENDATIONS AS WILL FURTHER THE
28 PREVENTION, TREATMENT, AND CONTROL OF DRUG AND ALCOHOL ABUSE AND
29 DEPENDENCE.
30 (J) (I) THE COUNCIL SHALL MAKE PROVISION FOR FACILITIES IN <--
19710H0850B2552 - 44 -
1 EACH CITY OR REGION OR CATCHMENT AREA WHICH SHALL PROVIDE
2 INFORMATION ABOUT THE TOTAL COMMONWEALTH DRUG AND ALCOHOL ABUSE
3 AND DRUG AND ALCOHOL DEPENDENCY PROGRAMS AND SERVICES.
4 (K) (J) THE COUNCIL MAY, FOR THE AUTHENTICATION OF ITS <--
5 RECORDS, PROCESS AND PROCEEDINGS, ADOPT, KEEP AND USE A COMMON
6 SEAL OF WHICH SEAL JUDICIAL NOTICE SHALL BE TAKEN IN ALL COURTS
7 OF THIS COMMONWEALTH AND ANY PROCESS, WRIT, NOTICE OR OTHER
8 DOCUMENT, WHICH THE COUNCIL MAY BE AUTHORIZED BY LAW TO ISSUE,
9 SHALL BE DEEMED SUFFICIENT IF SIGNED BY THE CHAIRMAN OR
10 SECRETARY OF THE COUNCIL AND AUTHENTICATED BY SUCH SEAL. ALL
11 ACTS, PROCEEDINGS, ORDERS, PAPERS, FINDINGS, MINUTES AND RECORDS
12 OF THE COUNCIL AND ALL REPORTS AND DOCUMENTS FILED WITH THE
13 COUNCIL, MAY BE PROVED IN ANY COURT OF THIS COMMONWEALTH BY A
14 COPY THEREOF CERTIFIED TO BY THE CHAIRMAN OR SECRETARY OF THE
15 COUNCIL WITH THE SEAL OF THE COUNCIL ATTACHED.
16 SECTION 5. ADMISSIONS AND COMMITMENTS.--ADMISSIONS AND
17 COMMITMENTS TO TREATMENT FACILITIES MAY BE MADE ACCORDING TO THE
18 PROCEDURAL ADMISSION AND COMMITMENT PROVISIONS OF THE ACT OF
19 OCTOBER 20, 1966 (P.L.96), KNOWN AS THE "MENTAL HEALTH AND
20 MENTAL RETARDATION ACT OF 1966."
21 Section 15. 6. Drug or Alcohol Abuse Services in <--
22 Correctional Institutions, JUVENILE DETENTION FACILITIES and on <--
23 Probation and Parole.--(a) The services established by this act
24 shall be used by the Department of Justice AND THE DEPARTMENT OF <--
25 PUBLIC WELFARE for drug and alcohol abusers or drug and alcohol
26 dependent offenders, including juveniles, placed on work
27 release, probation, parole, or other conditional release. The
28 council and SHALL COORDINATE THE DEVELOPMENT OF AND ENCOURAGE <--
29 STATE AGENCIES AND DEPARTMENTS INCLUDING the Bureau of
30 Correction and Board of Probation and Parole, shall cooperate in <--
19710H0850B2552 - 45 -
1 establishing and encouraging the establishment of PURSUANT TO <--
2 THE STATE PLAN, TO ESTABLISH community based drug and alcohol
3 abuse treatment services and of drug and alcohol abuse treatment
4 services in State and county correctional institutions.
5 MEDICAL DETOXIFICATION AND TREATMENT SHALL BE PROVIDED FOR <--
6 PERSONS PHYSICALLY DEPENDENT UPON ALCOHOL OR CONTROLLED
7 SUBSTANCES AT CORRECTIONAL INSTITUTIONS AND JUVENILE DETENTION
8 FACILITIES OR IN AVAILABLE APPROPRIATE MEDICAL FACILITIES.
9 (b) The conditional release of any drug or alcohol abuser or
10 drug or alcohol dependent person convicted of any Commonwealth
11 offense may be conditioned on the person's agreement to periodic
12 urine analysis URINALYSIS or other REASONABLE means of detecting <--
13 narcotic drugs CONTROLLED SUBSTANCES OR ALCOHOL within the body. <--
14 (c) The Bureau of Correction and Board of Probation and
15 Parole may transfer an offender placed on conditional release
16 from one treatment service to another depending upon his
17 response to treatment. The decision whether to retain or to
18 restrict or to revoke probation or parole or other conditional
19 release after failure to conform to a schedule for
20 rehabilitation shall be made on the basis of what is most
21 consistent with both the rehabilitation of the individual and
22 the safety of the community. All reasonable methods of treatment
23 shall be used to prevent relapses and to promote rehabilitation.
24 The council shall provide periodic reports and recommendations
25 to the Bureau of Correction and Board of Probation and Parole on
26 persons being treated pursuant to this section.
27 Section 16. 7. Availability of Criminal Records.--In order <--
28 to facilitate the treatment and rehabilitation of drug abusers
29 and drug dependent persons, any arrest for a criminal offense
30 under "The Drug, Device and Cosmetic Act of 1971" THE CONTROLLED <--
19710H0850B2552 - 46 -
1 SUBSTANCE, DRUG, DEVICE AND COSMETIC ACT or under the provisions
2 of Pennsylvania law previously governing narcotics and dangerous
3 drugs CONTROLLED SUBSTANCES shall no longer be available as part <--
4 of the person's public arrest and other public criminal records
5 when the charges are withdrawn or dismissed or the person is
6 acquitted of the charges.
7 Section 17. 8. 7. Retention of Civil Rights and Liberties.-- <--
8 A person receiving care or treatment under the provisions of
9 this act shall retain ALL OF his civil rights and liberties <--
10 except as herein otherwise explicitly provided. PROVIDED BY LAW. <--
11 Section 18. 9. 8. Confidentiality of Records.--(a) A <--
12 complete medical, social, occupational, and family history shall
13 be obtained as part of the diagnosis, classification and
14 treatment of a patient pursuant to this act. Copies of all
15 pertinent records from other agencies, practitioners,
16 institutions, and medical facilities shall be obtained in order
17 to develop a complete and permanent confidential personal
18 history for purposes of the patient's treatment.
19 (b) All patient records (including all records relating to
20 any commitment proceeding) prepared or obtained pursuant to this
21 act, and all information contained therein, shall remain
22 confidential, and may be disclosed ONLY with the patient's <--
23 consent AND only (I) to medical personnel and only EXCLUSIVELY <--
24 for purposes of diagnosis and treatment of the patient or (II) <--
25 to government or other officials EXCLUSIVELY for the purpose of <--
26 obtaining benefits due the patient as a result of his drug or
27 alcohol abuse or drug or alcohol dependence EXCEPT THAT IN <--
28 EMERGENCY MEDICAL SITUATIONS WHERE THE PATIENT'S LIFE IS IN
29 IMMEDIATE JEOPARDY, PATIENT RECORDS MAY BE RELEASED WITHOUT THE
30 PATIENT'S CONSENT TO PROPER MEDICAL AUTHORITIES SOLELY FOR THE
19710H0850B2552 - 47 -
1 PURPOSE OF PROVIDING MEDICAL TREATMENT TO THE PATIENT.
2 Disclosure may be made for purposes unrelated to such treatment
3 or benefits ONLY upon an order of a court OF COMMON PLEAS after <--
4 application showing good cause therefor. In determining whether
5 there is good cause for disclosure, the court shall weigh the
6 need for the information sought to be disclosed against the
7 possible harm of disclosure to the person to whom such
8 information pertains, the physician-patient relationship, and
9 to the treatment services, and may condition disclosure of the
10 information upon any appropriate safeguards. No such records or
11 information may be used to initiate or substantiate CRIMINAL <--
12 charges against a patient under any circumstances.
13 (c) All patient records and all information contained
14 therein relating to drug or alcohol abuse or drug or alcohol
15 dependence prepared or obtained by a private practitioner,
16 HOSPITAL, CLINIC, DRUG REHABILITATION OR DRUG TREATMENT CENTER <--
17 shall remain confidential and may be disclosed only with the
18 patient's consent and only (I) to medical personnel EXCLUSIVELY <--
19 for purposes of diagnosis and treatment of the patient or (II) <--
20 to government or other officials EXCLUSIVELY for the purpose of <--
21 obtaining benefits due the patient as a result of his drug or
22 alcohol abuse or drug or alcohol dependence.
23 Section 19. 10. 9. Welfare.--(a) Drug and alcohol abuse and <--
24 dependence shall, for the purpose of all State welfare programs
25 be regarded as a major health and economic problem.
26 (b) State agencies charged with administering such welfare
27 programs shall take action to reduce the incidence of financial
28 indigency and family disintegration caused by drug and alcohol
29 abuse and dependence, and shall provide for treatment and <--
30 rehabilitation services SHALL BE PROVIDED for those persons <--
19710H0850B2552 - 48 -
1 enrolled in welfare programs whose financial eligibility for
2 such assistance results, in part or in whole, from drug and
3 alcohol dependence.
4 (c) Persons otherwise eligible for such welfare assistance
5 shall not be ineligible for such assistance because of drug and
6 alcohol abuse and dependence unless they refuse to accept
7 AVAILABLE treatment and rehabilitation services. Any person <--
8 whose financial eligibility for such assistance results in whole
9 or in part, from drug and alcohol abuse or dependence shall be
10 provided the services of appropriate treatment and <--
11 rehabilitation services. UPON UPON RECEIPT OF SUBSTANTIAL <--
12 EVIDENCE OF SUCH ALCOHOL OR DRUG DEPENDENCY OR ABUSE, THE
13 DEPARTMENT OF PUBLIC WELFARE SHALL REFER SAID WELFARE RECIPIENT
14 TO THE MENTAL HEALTH-MENTAL RETARDATION PROGRAM OF THE
15 RECIPIENT'S CATCHMENT AREA, WHICH SHALL PROVIDE AN APPROPRIATE
16 EXAMINATION. TREATMENT AND REHABILITATION SERVICES WILL BE
17 DEEMED TO BE NECESSARY AND WILL BE CONSIDERED TO BE AVAILABLE
18 upon a certification by a responsible medical officer THE <--
19 ADMINISTRATOR OF THE COMMUNITY MENTAL HEALTH-MENTAL RETARDATION
20 PROGRAM FOR THE CATCHMENT AREA IN WHICH THE RECIPIENT RESIDES
21 that: (i) THE RECIPIENT'S FINANCIAL ELIGIBILITY FOR SUCH <--
22 ASSISTANCE RESULTS IN WHOLE OR IN PART FROM DRUG OR ALCOHOL
23 ABUSE OR DEPENDENCE, (II) the services will more likely than not
24 be appropriate for the recipient, and (ii) (III) the services <--
25 can accommodate the recipient. After such certification,
26 participation by the recipient in the AVAILABLE program shall be <--
27 a requirement REQUIREMENT for continuing eligibility for such <--
28 assistance, in the absence of good cause for nonparticipation.
29 AS DEFINED BY THE DEPARTMENT OF PUBLIC WELFARE REGULATIONS. <--
30 (d) Any recipient of welfare assistance whose inability to
19710H0850B2552 - 49 -
1 work or to participate in a work training program is the result
2 of drug and alcohol abuse or dependence shall be excused from
3 such participation only on condition that he accept appropriate
4 treatment and rehabilitation services made available to him AND <--
5 CONTINUE TO PARTICIPATE UNTIL DISCHARGED BY THE DIRECTOR IN
6 CHARGE OF HIS PROGRAM. WITHDRAWAL FROM SUCH PROGRAM PRIOR TO
7 PROPER DISCHARGE SHALL CONSTITUTE REASON TO DISCONTINUE WELFARE
8 ASSISTANCE.
9 (e) The council shall promulgate appropriate regulations and <--
10 offer technical assistance to the departments and agencies of
11 the Commonwealth in providing programs of education about drug
12 and alcohol abuse and drug and alcohol dependence for children
13 of school age and adults responsible for them, and appropriate
14 treatment for children physically or mentally damaged or
15 otherwise affected, as a result of drug or alcohol abuse or drug
16 or alcohol dependence on the part of such children and other
17 children or adults with whom they have significant contact.
18 Section 20. 11. 10. General.--Drug and alcohol abuse or <--
19 dependence shall be regarded as a health problem, sickness,
20 PHYSICAL AND MENTAL illness, disease, disability, or similar <--
21 term, for purposes of all legislation relating to health,
22 welfare, and rehabilitation programs, services, funds and other
23 benefits. Any legislation providing for medical assistance, <--
24 medical care, treatment, rehabilitation or other similar
25 services, shall be regarded as including programs and services
26 for the prevention and treatment of drug and alcohol abuse and
27 dependence.
28 Section 21. Grants and Contracts for the Prevention and
29 Treatment of Drug and Alcohol Abuse and Dependence.--(a) The
30 council is authorized to make grants and enter into contracts
19710H0850B2552 - 50 -
1 for the prevention and treatment of drug and alcohol abuse and
2 dependence to assist local governments and public and private
3 nonprofit agencies, institutions, and organizations to:
4 (1) Meet the costs of equipment and operating treatment and
5 rehabilitation facilities including but not limited to emergency
6 medical, inpatient, intermediate care, rehabilitative and
7 outpatient facilities for drug or alcohol abusers and drug or
8 alcohol dependent persons and to assist them to meet, for the
9 temporary periods specified in subsection (b) of this section, a
10 portion of the costs of compensation of personnel for the
11 initial operation of such facilities, and of new services in
12 existing facilities for drug or alcohol abusers and drug or
13 alcohol dependent persons;
14 (2) Conduct research, demonstration, and evaluation
15 projects, including surveys and field trials, looking toward the
16 development of improved, expanded, and more effective methods of
17 prevention and treatment of drug or alcohol abuse and drug or
18 alcohol dependence;
19 (3) Provide education and training for professional
20 personnel, including medical, psychiatric, vocational
21 rehabilitation, and social welfare personnel, in academic and
22 professional institutions and in postgraduate courses, about the
23 prevention and treatment of drug and alcohol abuse and drug and
24 alcohol dependence, and provide training for such personnel in
25 the administration, operation, and supervision of programs and
26 services for the prevention and treatment of drug and alcohol
27 abuse and drug and alcohol dependence;
28 (4) Recruit, educate, train, organize, and employ community
29 drug and alcohol abuse and drug and alcohol dependence
30 prevention and treatment personnel to serve with and under the
19710H0850B2552 - 51 -
1 direction of professional medical, psychiatric, vocational
2 rehabilitation, and social welfare personnel in drug and alcohol
3 abuse and drug and alcohol dependence and prior criminal arrests
4 or convictions shall not be a bar to such employment;
5 (5) Provide services in correctional and penal institutions
6 for the prevention and treatment of drug and alcohol abuse and
7 drug and alcohol dependence;
8 (6) Provide services, in cooperation with schools, law
9 enforcement agencies, courts and other public and private
10 nonprofit agencies, institutions, and organizations, for the
11 prevention and treatment of drug and alcohol abuse and drug and
12 alcohol dependence among juveniles and young adults. These
13 services where feasible shall include curricula for drug and
14 alcohol abuse education in elementary and secondary schools, and
15 among parents and other adults;
16 (7) Provide programs and services, in cooperation with local
17 law enforcement agencies, the courts, and other public and
18 private nonprofit agencies, institutions, and organizations, for
19 the instruction of law enforcement officers, prosecuting
20 attorneys, court personnel, the judiciary, probation and parole
21 officers, correctional officials and legal aid, public defender,
22 and neighborhood legal services attorneys with respect to the
23 causes, effects, prevention, and treatment of drug or alcohol
24 abuse and drug or alcohol dependence. Such programs and services
25 shall include, where possible a full range of services available
26 to State and local courts for diagnosis, counseling, and
27 treatment for drug or alcohol abuse and drug or alcohol
28 dependence for persons coming before the courts;
29 (8) Provide services for outpatient counseling of drug and
30 alcohol abusers and drug and alcohol dependent persons to
19710H0850B2552 - 52 -
1 include employment, welfare, legal, education, and other
2 assistance, in cooperation and coordination with welfare and
3 rehabilitation personnel;
4 (9) Develop or evaluate curriculums on drug and alcohol
5 abuse prevention and treatment, including the preparation of new
6 and improved curricular materials for use in elementary,
7 secondary, college, and adult education programs;
8 (10) Develop or evaluate a program of dissemination of
9 curricular material;
10 (11) Provide training programs on drug and alcohol abuse and
11 drug and alcohol dependence (including courses of study,
12 institutes, seminars, films, workshops, and conferences) for
13 teachers, counselors, and other educational personnel;
14 (12) Provide community education programs on drug and
15 alcohol abuse (including courses of study, institutes, seminars,
16 films, workshops, and conferences) especially for parents and
17 other adults in the community;
18 (13) Assist local education agencies in the planning,
19 development, and implementation of drug and alcohol abuse
20 education programs; and
21 (14) Develop educational material and programs about the
22 prevention and treatment of, and problems arising from, drug or
23 alcohol abuse and drug and alcohol dependence, for use of
24 distribution by any form of mass media.
25 (b) The amount of any grant made under subsection (a) of
26 this section shall not exceed fifty per cent of the cost of the
27 program or project specified in the application for such grant
28 and may be made only for the period beginning with the first day
29 for which such a grant is made and ending with the close of five
30 years after such first day. Such grants may not exceed sixty per
19710H0850B2552 - 53 -
1 cent of such costs for the period ending with the close of the
2 twenty-fourth month following such first day, forty per cent of
3 such costs for the first year thereafter, thirty per cent of
4 such costs for the second year thereafter and twenty per cent of
5 such costs of the third year thereafter.
6 Section 22. 12. 11. Admission to Private and Public <--
7 Hospitals.--Drug and alcohol abusers and DRUG AND ALCOHOL <--
8 dependent persons shall be admitted to and treated in secure and <--
9 appropriate facilities of private and public hospitals on the
10 basis of medical need and shall not be discriminated against
11 because of their drug or alcohol abuse or dependence. Any <--
12 hospital that violates this section shall not receive financial
13 assistance under the provisions of this act or any other law of
14 this Commonwealth. No such action shall be taken without due
15 notice by the council to the appropriate person or persons of
16 the failure to comply with this section, and an opportunity for
17 a correction or a hearing as provided by law. Actions taken
18 under this section shall be subject to judicial review as
19 provided by the "Administrative Agency Law."
20 SECTION 13. 12. CONSENT OF MINOR.--NOTWITHSTANDING ANY OTHER <--
21 PROVISIONS OF LAW, A MINOR WHO SUFFERS FROM THE USE OF A
22 CONTROLLED OR HARMFUL SUBSTANCE MAY GIVE CONSENT TO FURNISHING
23 OF MEDICAL CARE OR COUNSELING RELATED TO DIAGNOSIS OR TREATMENT.
24 THE CONSENT OF THE PARENTS OR LEGAL GUARDIAN OF THE MINOR SHALL
25 NOT BE NECESSARY TO AUTHORIZE MEDICAL CARE OR COUNSELING RELATED
26 TO SUCH DIAGNOSIS OR TREATMENT. THE CONSENT OF THE MINOR SHALL
27 BE VALID AND BINDING AS IF THE MINOR HAD ACHIEVED HIS MAJORITY.
28 SUCH CONSENT SHALL NOT BE VOIDABLE NOR SUBJECT TO LATER
29 DISAFFIRMANCE BECAUSE OF MINORITY. ANY PHYSICIAN OR ANY AGENCY
30 OR ORGANIZATION OPERATING A DRUG ABUSE PROGRAM, WHO PROVIDES
19710H0850B2552 - 54 -
1 COUNSELING TO A MINOR WHO USES ANY CONTROLLED OR HARMFUL
2 SUBSTANCE MAY, BUT SHALL NOT BE OBLIGATED TO INFORM THE PARENTS
3 OR LEGAL GUARDIAN OF ANY SUCH MINOR AS TO THE TREATMENT GIVEN OR
4 NEEDED.
5 Section 23 14. 13. Advisory Committee on Drug and Alcohol <--
6 Abuse and Dependence.--(a) The Governor shall appoint an
7 Advisory Committee on Drug and Alcohol Abuse and Dependence, to
8 consist of fifteen qualified persons who have knowledge of and
9 an interest in the subject, to represent different geographical
10 regions and occupations, and some of whom must MAY formerly have <--
11 been drug or alcohol abusers or drug dependent persons, to
12 advise and consult with the council and to assist them in
13 carrying out the provisions of this act.
14 (b) The members of the committee shall elect a chairman, who
15 shall serve a one-year term but may be reelected. The members of
16 the committee shall be appointed for three-year terms. but of <--
17 the members first appointed, five shall be appointed for a one-
18 year term, five for a two-year term and five for a three-year
19 term. Each member shall serve until his successor is appointed.
20 (c) The committee shall meet at least once every two months,
21 and may meet more often. It shall consult at regular intervals
22 with representatives of the Commonwealth and political
23 subdivisions thereof, and with the judiciary, corrections,
24 probation, vocational rehabilitation, public welfare, parole and
25 other agencies as may become involved in a total treatment and
26 rehabilitation effort to control drug and alcohol abuse and
27 dependence.
28 (d) The members of the committee shall serve without
29 compensation but may be reimbursed for actual expenses incurred.
30 Section 24. Law Enforcement Officials.--Because of full <--
19710H0850B2552 - 55 -
1 cooperation of law enforcement officials is essential for the
2 effective implementation of the provisions of this act, the
3 council shall, in cooperation with the Attorney General, the
4 police, the courts, and other public and private agencies,
5 provide services and consultation for the education of
6 policemen, prosecuting attorneys, court personnel, the
7 judiciary, probation and parole officers, correctional
8 officials, and other law enforcement personnel, with respect to
9 the cause, effects and treatment for drug and alcohol abuse and
10 dependence. Further, the council shall foster and coordinate a
11 full range of services available to the courts for diagnosis,
12 counseling and treatment for drug and alcohol abuse and
13 dependence for persons coming before the courts.
14 Section 25. Programs.--None of the programs established by
15 this act shall go into effect until the council shall publicly
16 certify that the funds and facilities requisite thereto are
17 available.
18 Section 26. 15. 14. Savings Provision.--The provisions of <--
19 this act shall not affect any act done, liability incurred, or
20 right accrued or vested, or affect any suit or prosecution
21 pending to enforce any right or penalty or punish any offense
22 under the authority of any act of Assembly, or part thereof,
23 repealed by this act.
24 Section 27. Severability.--The provisions of this act are <--
25 severable and, if any provision or part hereof shall be held
26 invalid or unconstitutional or inapplicable to any person or
27 circumstances, such invalidity, unconstitutionality or
28 inapplicability shall not affect or impair the remaining
29 provisions of the act. It is hereby declared to be the
30 legislative intent that this act would have been adopted if such
19710H0850B2552 - 56 -
1 invalid, unconstitutional or inapplicable provisions had not
2 been included therein.
3 Section 28. Repealer.--The act of August 20, 1953
4 (P.L.1212), entitled "An act providing for the study of the
5 problems of alcoholism; the treatment, commitment,
6 rehabilitation and protection of persons addicted to the
7 excessive use of alcoholic beverages; conferring powers and
8 imposing duties upon the courts and the Department of Health;
9 and making an appropriation," is repealed absolutely except that
10 section 4 of such act shall remain in full force and effect
11 until such time as the General Assembly enacts into law a
12 provision for the establishment and maintenance of facilities as
13 provided by such section.
14 Section 29. Effective Date.--This act shall take effect
15 sixty days after the enactment thereof.
16 SECTION 16. 15. REPEALS.--(A) THE FOLLOWING ACTS AND PARTS <--
17 OF ACT ARE REPEALED TO THE EXTENT INDICATED:
18 (1) CLAUSE (4) OF SUBSECTION (A) OF SECTION 616, ACT OF
19 APRIL 29, 1959 (P.L.58), KNOWN AS "THE VEHICLE CODE,"
20 ABSOLUTELY.
21 (2) EXCEPT SECTION SECTIONS 1 AND 4, THE ACT OF AUGUST 20, <--
22 1953 (P.L.1212), ENTITLED "AN ACT PROVIDING FOR THE STUDY OF THE
23 PROBLEMS OF ALCOHOLISM; THE TREATMENT, COMMITMENT,
24 REHABILITATION AND PROTECTION OF PERSONS ADDICTED TO THE
25 EXCESSIVE USE OF ALCOHOLIC BEVERAGES; CONFERRING POWERS AND
26 IMPOSING DUTIES UPON THE COURTS AND THE DEPARTMENT OF HEALTH;
27 AND MAKING AN APPROPRIATION," ABSOLUTELY.
28 (3) THE ACT OF JANUARY 14, 1952 (P.L.1868), ENTITLED "AN ACT
29 PROVIDING FOR TREATMENT AND CURE IN DESIGNATED STATE
30 INSTITUTIONS OF PERSONS HABITUALLY ADDICTED TO THE USE OF
19710H0850B2552 - 57 -
1 OPIATES, AND FOR THEIR ADMISSION TO AND CARE THEREIN AND THE
2 PAYMENT OF THE COST THEREOF; AND MAKING AN APPROPRIATION,"
3 ABSOLUTELY.
4 (B) ALL OTHER ACTS AND PARTS OF ACTS, GENERAL, LOCAL AND
5 SPECIAL, ARE REPEALED IN SO FAR AS THEY ARE INCONSISTENT
6 HEREWITH.
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