PRINTER'S NO. 2144
No. 1685 Session of 1985
INTRODUCED BY BARBER, DORR, PISTELLA, DAWIDA, ARTY, CAWLEY,
WIGGINS, KUKOVICH, BELARDI, JAROLIN, STUBAN, GREENWOOD,
D. W. SNYDER, FREEMAN AND COSLETT, SEPTEMBER 30, 1985
REFERRED TO COMMITTEE ON HEALTH AND WELFARE, SEPTEMBER 30, 1985
AN ACT
1 Amending the act of April 14, 1972 (P.L.221, No.63), entitled
2 "An act establishing the Governor's Council On Drug and
3 Alcohol Abuse; imposing duties on the council to develop and
4 coordinate the implementation of a comprehensive health,
5 education and rehabilitation program for the prevention and
6 treatment of drug and alcohol abuse and drug and alcohol
7 dependence; providing for emergency medical treatment;
8 providing for treatment and rehabilitation alternatives to
9 the criminal process for drug and alcohol dependence; and
10 making repeals," further providing for powers and duties of
11 the department and the council.
12 The General Assembly of the Commonwealth of Pennsylvania
13 hereby enacts as follows:
14 Section 1. The title and sections 2, 3, 4 and 6 of the act
15 of April 14, 1972 (P.L.221, No.63), known as the Pennsylvania
16 Drug and Alcohol Abuse Control Act, are amended to read:
17 AN ACT
18 Establishing the [Governor's] Pennsylvania Advisory Council [On]
19 on Drug and Alcohol Abuse; imposing duties on the council to
20 develop and coordinate the implementation of a comprehensive
21 health, education and rehabilitation program for the
22 prevention and treatment of drug and alcohol abuse and drug
1 and alcohol dependence; providing for emergency medical
2 treatment; providing for treatment and rehabilitation
3 alternatives to the criminal process for drug and alcohol
4 dependence; and making repeals.
5 Section 2. Definitions:
6 (a) The definitions contained and used in the Controlled
7 Substance, Drug, Device and Cosmetic Act shall also apply for
8 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 "Council" means the [Governor's] Pennsylvania Advisory
14 Council [On] on Drug and Alcohol Abuse established by this act.
15 "Court" means all courts of the Commonwealth of Pennsylvania,
16 including magistrates and justices of the peace.
17 "Department." The Department of Health.
18 ["Director" means the Executive Director of the Governor's
19 Council On Drug and Alcohol Abuse.]
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.
30 "Drug abuser" means any person who uses any controlled
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1 substance under circumstances that constitute a violation of the
2 law.
3 "Drug dependent person" means a person who is using a drug,
4 controlled substance or alcohol, and who is in a state of
5 psychic or physical dependence, or both, arising from
6 administration of that drug, controlled substance or alcohol on
7 a continuing basis. Such dependence is characterized by
8 behavioral and other responses which include a strong compulsion
9 to take the drug, controlled substance or alcohol on a
10 continuous basis in order to experience its psychic effects, or
11 to avoid the discomfort of its absence. This definition shall
12 include those persons commonly known as "drug addicts."
13 "Emergency medical services" includes all appropriate short
14 term services for the acute effects of abuse and dependence
15 which: (i) are available twenty-four hours a day; (ii) are
16 community based and located so as to be quickly and easily
17 accessible to patients; (iii) are affiliated with and constitute
18 an integral (but not necessarily physical) part of the general
19 medical services of a general hospital; and (iv) provide drug
20 and alcohol withdrawal and other appropriate medical care and
21 treatment, medical examination, diagnosis, and classification
22 with respect to possible dependence, and referral for other
23 treatment and rehabilitation.
24 "Government attorney" means an attorney authorized to
25 represent the Commonwealth or any political subdivision in any
26 judicial proceeding within the scope of this act.
27 "Inpatient services" includes all treatment and
28 rehabilitation services for drug and alcohol abuse and
29 dependence provided for a resident patient while [he] the
30 patient spends full time in a treatment institution including
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1 but not limited to a hospital, rehabilitative center[,] or
2 residential facility[, hostel or foster home].
3 "Outpatient services" means all treatment and rehabilitation
4 services, including but not limited to medical, psychological,
5 vocational and social rehabilitational services, for drug and
6 alcohol abuse and dependence provided while the patient is not a
7 resident of a treatment institution.
8 "Prevention, intervention and treatment" means all
9 appropriate forms of educational programs and services
10 (including but not limited to radio, television, films, books,
11 pamphlets, lectures, adult education and school courses);
12 planning, coordinating, statistical, research, training,
13 evaluation, reporting, classification, and other administrative,
14 scientific or technical programs or services; and screening,
15 diagnosis, treatment (emergency medical services, inpatient
16 services, intermediate care and outpatient services), vocational
17 rehabilitation, job training and referral, and other
18 rehabilitation programs or services.
19 "State plan" means the master State plan for the control,
20 prevention, treatment, rehabilitation, research, education and
21 training aspects of drug and alcohol abuse and dependence
22 problems.
23 "Welfare assistance" means "assistance" as defined in section
24 402 of the Public Welfare Code and "State Blind Pension" as
25 defined by section 502 of the Public Welfare Code.
26 Section 3. Council Established.--(a) There is hereby
27 established a [Governor's] Pennsylvania Advisory Council [On] on
28 Drug and Alcohol Abuse [which shall develop, adopt and
29 coordinate the implementation of a comprehensive health,
30 education and rehabilitation program for the prevention and
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1 treatment of drug and alcohol abuse and dependence] which shall
2 be recognized as the advisory council to the Department of
3 Health for drug and alcohol programs.
4 (b) The council shall be composed of the [Governor]
5 Secretary of Health, or his designee, who shall serve as
6 chairman of the council, and [six] eight other members [at least
7 four of whom shall be public members who shall be appointed by
8 the Governor and who shall have substantial training or
9 experience in the fields of drug or alcohol education,
10 rehabilitation, treatment or enforcement.] who shall be
11 appointed by the Governor in accordance with the following:
12 (1) Four members shall have substantial training or
13 experience in the fields of drug or alcohol prevention,
14 intervention, rehabilitation, treatment or enforcement.
15 (2) One member shall be an individual with a prior history
16 of drug and alcohol dependency.
17 (3) One member shall have no connection with or experience
18 in drug or alcohol prevention, intervention, rehabilitation,
19 treatment or enforcement.
20 (4) Two members shall be from the public at-large.
21 To the extent possible, all geographic areas of this
22 Commonwealth shall be presented. Officers and employes of the
23 Commonwealth may be appointed as members of the council. Each
24 member of the council, [who is not otherwise an officer or
25 employe of the Commonwealth,] when actually engaged in official
26 meetings or otherwise in the performance of his official duties
27 as directed by the chairman, shall receive reimbursement for
28 expenses incurred and per diem compensation at a rate to be set
29 by the Executive Board.
30 (c) A majority of the members shall constitute a quorum for
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1 the purpose of conducting the business of the council, and
2 exercising all of its powers. A vote of the majority of the
3 members present shall be sufficient for all actions of the
4 council.
5 (d) The council shall have the power to prescribe, amend and
6 repeal bylaws, [rules and regulations] procedures governing the
7 manner in which the business of the body is conducted and the
8 manner in which the powers granted to it are exercised.
9 (e) [The council shall delegate supervision of the
10 administration of council activities to an Executive Director
11 and such other employes as the chairman shall appoint. All
12 employes shall possess adequate qualifications and competence.
13 Some employes may have been drug and alcoholic abusers or drug
14 dependent persons. Prior criminal convictions shall not be a bar
15 to such employment. Responsibilities of the council may be
16 delegated to the Executive Director or other designated staff
17 members. Further, the Executive Director may, with the approval
18 of the council, employ personnel or consultants necessary in
19 coordinating the formulation, implementation and evaluation of
20 the State plan and in carrying out the council's
21 responsibilities under this act.] The Department of Health shall
22 seek the written advice and consultation of the council in the
23 following areas:
24 (1) The development and implementation of the State plan for
25 the control, prevention, intervention, treatment,
26 rehabilitation, research, education and training aspects of drug
27 and alcohol abuse and dependency problems.
28 (2) The promulgation by the Department of Health of any
29 regulations necessary to carry out the purposes of this act.
30 (3) The establishment of funding priorities for drug and
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1 alcohol programs.
2 (4) The allocation of funds for the control, prevention,
3 intervention, treatment, rehabilitation, research or training
4 aspects of drug and alcohol abuse and dependency problems.
5 (5) Policies pertaining to the collection and dissemination
6 of data and statistics pertaining to drug and alcohol abuse and
7 dependency.
8 (f) The initial terms of the eight appointed members of the
9 council shall be as follows:
10 (1) Three members for a term of three years.
11 (2) Three members for a term of two years.
12 (3) Two members for a term of one year.
13 (g) The terms of all members following initial appointment
14 shall be for three years. No member shall serve more than two
15 consecutive terms.
16 (h) The council shall meet at least six times annually.
17 (i) The department shall submit to the council reports on a
18 quarterly basis of activities of any task force or ad hoc
19 committee designated by the Secretary of Health to advise the
20 department on drug and alcohol issues. A representative from
21 each advisory task force and ad hoc committee may attend council
22 meetings.
23 Section 4. [Council's] Department's Powers and
24 Responsibilities.--(a) The [council] department shall develop
25 and adopt a State plan for the control, prevention,
26 intervention, treatment, rehabilitation, research, education,
27 and training aspects of drug and alcohol abuse and dependence
28 problems. The State plan shall include, but not be limited to,
29 provision for:
30 (1) Coordination of the efforts of all State agencies in the
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1 control, prevention, intervention, treatment, rehabilitation,
2 research, education, and training aspects of drug and alcohol
3 abuse and dependence problems[. It shall allocate functional
4 responsibility for these aspects of the drug and alcohol abuse
5 and dependence problems among the various State agencies] so as
6 to avoid duplications and inconsistencies in the efforts of the
7 agencies.
8 (2) Coordination of all health and rehabilitation efforts to
9 deal with the problem of drug and alcohol abuse and dependence,
10 including, but not limited to, those relating to vocational
11 rehabilitation, manpower development and training, senior
12 citizens, law enforcement assistance, parole and probation
13 systems, jails and prisons, health research facilities, mental
14 retardation facilities and community mental health centers,
15 juvenile delinquency, health professions, educational
16 assistance, hospital and medical facilities, social security,
17 community health services, education professions development,
18 higher education, Commonwealth employes health benefits,
19 economic opportunity, comprehensive health planning, elementary
20 and secondary education, highway safety and the civil service
21 laws.
22 (3) Encouragement of the formation of local agencies and
23 local coordinating councils, and promotion of cooperation, and
24 coordination among such groups, and encouragement of
25 communication of ideas and recommendations from such groups to
26 the council.
27 (4) Development of model drug and alcohol abuse and
28 dependence control plans for local government, utilizing the
29 concepts incorporated in the State plan. The model plans shall
30 be reviewed on a periodic basis but not less than once a year,
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1 and revised to keep them current. They shall specify how all
2 types of community resources and existing Federal and
3 Commonwealth legislation may be utilized.
4 (5) Assistance and consultation to local governments, public
5 and private agencies, institutions, and organizations, and
6 individuals with respect to the prevention and treatment of drug
7 and alcohol abuse and dependence, including coordination of
8 programs among them.
9 (6) Cooperation with organized medicine to disseminate
10 medical guidelines for the use of drugs and controlled
11 substances in medical practice.
12 (7) Coordination of research, scientific investigations,
13 experiments, and studies relating to the cause, epidemiology,
14 sociological aspects, toxicology, pharmacology, chemistry,
15 effects on health, dangers to public health, prevention,
16 diagnosis and treatment of drug and alcohol abuse and
17 dependence.
18 (8) Investigation of methods for the more precise detection
19 and determination of alcohol and controlled substances in urine
20 and blood samples, and by other means, and publication on a
21 current basis of uniform methodology for such detections and
22 determinations.
23 Any information obtained through scientific investigation or
24 research conducted pursuant to this act shall be used in ways so
25 that no name or identifying characteristics of any person shall
26 be divulged without the approval of the [council] department and
27 the consent of the person concerned. Persons engaged in research
28 pursuant to this section shall protect the privacy of
29 individuals who are the subject of such research by withholding
30 from all persons not connected with the conduct of such research
19850H1685B2144 - 9 -
1 the names or other identifying characteristics of such
2 individuals. Persons engaged in such research shall protect the
3 privacy of such individuals and may not be compelled in any
4 Federal, State, civil, criminal, administrative, legislative, or
5 other proceeding to identify such individuals.
6 (9) Establishment of training programs for professional and
7 nonprofessional personnel with respect to drug and alcohol abuse
8 and dependence, including the encouragement of such programs by
9 local governments.
10 (10) Development of a model curriculum, including the
11 provision of relevant data and other information, for
12 utilization by elementary and secondary schools for instructing
13 children, and for parent-teachers' associations, adult education
14 centers, private citizen groups, or other State and local
15 sources, for instruction of parents and other adults, about drug
16 and alcohol abuse and dependence.
17 (11) Preparation of a broad variety of educational,
18 prevention and intervention material for use in all media, to
19 reach all segments of the population, that can be utilized by
20 public and private agencies, institutions, and organizations in
21 educational programs with respect to drug and alcohol abuse and
22 dependence.
23 (12) Establishment of educational courses, including the
24 provision of relevant data and other information, on the causes
25 and effects of, and treatment for, drug and alcohol abuse and
26 dependence, for law enforcement officials (including prosecuting
27 attorneys, court personnel, the judiciary, probation and parole
28 officers, correctional officers and other law enforcement
29 personnel), welfare, vocational rehabilitation, and other State
30 and local officials who come in contact with drug abuse and
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1 dependence problems.
2 (13) Recruitment, training, organization and employment of
3 professional and other persons, including former drug and
4 alcohol abusers and dependent persons, to organize and
5 participate in programs of public education.
6 (14) Treatment and rehabilitation services for male and
7 female juveniles and adults who are charged with, convicted of,
8 or serving a criminal sentence for any criminal offense under
9 the law of this Commonwealth. Provision of similar services
10 shall be made for juveniles adjudged to be delinquent, dependent
11 or neglected. These services shall include but are not limited
12 to: (i) emergency medical services; (ii) inpatient services; and
13 (iii) intermediate care, rehabilitative and outpatient services.
14 The State plan shall give priority to developing community
15 based drug or alcohol abuse treatment services in a cooperative
16 manner among State and local governmental agencies and
17 departments and public and private agencies, institutions and
18 organizations. Consideration shall be given to supportive
19 medical care, services, or residential facilities for drug or
20 alcohol dependent persons for whom treatment has repeatedly
21 failed and for whom recovery is unlikely.
22 The [council] department shall develop as part of the State
23 plan and require the establishment of a system of emergency
24 medical services for persons voluntarily seeking treatment, for
25 persons admitted and committed pursuant to the provisions of
26 section 5 of this act, and for persons charged with a crime
27 under Pennsylvania law. Upon the establishment of such emergency
28 medical services, the [council] department, by regulation, shall
29 require that appropriate emergency medical services be made
30 available to all drug and alcohol abusers who are arrested for a
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1 crime under Pennsylvania law.
2 The State plan shall further provide standards for the
3 approval by the relevant State agency for all private and public
4 treatment and rehabilitative facilities, which may include but
5 are not limited to State hospitals and institutions, public and
6 private general hospitals, community mental health centers or
7 their contracting agencies, and public and private drug or
8 alcohol dependence and drug and alcohol abuse and dependence
9 treatment and rehabilitation centers.
10 (15) Grants and contracts from the appropriate State
11 department or agency for the prevention, intervention and
12 treatment of drug and alcohol dependence. The grants and
13 contracts may include assistance to local governments and public
14 and private agencies, institutions, and organizations for
15 prevention, intervention, treatment, rehabilitation, research,
16 education and training aspects of the drug and alcohol abuse and
17 dependence problems with the Commonwealth. Any grant made or
18 contract entered into by a department or agency shall be
19 pursuant to the functions allocated to that department or agency
20 by the State plan.
21 (16) Preparation of general regulations for, and operation
22 of, programs supported with assistance under this act.
23 (17) Establishment of priorities for deciding allocation of
24 the funds under this act.
25 (18) Review the administration and operation of programs
26 under this act, including the effectiveness of such programs in
27 meeting the purposes for which they are established and
28 operated, and make annual reports of its findings.
29 (19) Evaluate the programs and projects carried out under
30 this act and disseminate the results of such evaluations.
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1 (20) Establish such advisory committees as the [council]
2 department may deem necessary to assist the [council] department
3 in fulfilling its responsibilities under this act.
4 (b) In developing the State plan initially, and prior to its
5 amendment annually, the [council] department shall hold a public
6 hearing at least thirty days prior to the adoption of the
7 initial State plan and subsequent amendments and shall afford
8 thereby all interested persons an opportunity to present their
9 views thereon either orally or in writing. The [council]
10 department, through its [Executive Director and] staff, shall
11 consult and collaborate with appropriate Federal and State and
12 local departments, boards, agencies and governmental units, and
13 with appropriate public and private agencies, institutions,
14 groups and organizations. Otherwise the promulgation of the
15 State plan shall conform to the procedure contained in the
16 Commonwealth Documents Law.
17 (c) The [council] department in accordance with the State
18 plan shall allocate the responsibility for all services,
19 programs and other efforts provided for therein among the
20 appropriate departments, agencies and other State personnel. The
21 [council] department, through its [Executive Director and other]
22 employes, shall have the power and its duty shall be to
23 implement compliance with the provisions of the State plan and
24 to coordinate all such efforts.
25 (d) The [council] department shall submit a written report
26 of the State plan to the General Assembly as soon as
27 practicable, but not later than one year after the effective
28 date of this act.
29 (e) The [council] department shall gather and publish
30 statistics pertaining to drug and alcohol abuse and dependence
19850H1685B2144 - 13 -
1 and promulgate regulations, with the approval of the chairman,
2 specifying uniform statistics to be obtained, records to be
3 maintained and reports to be submitted, by public and private
4 departments, agencies, organizations, practitioners, and other
5 persons with respect to drug and alcohol abuse and dependence,
6 and related problems. Such statistics and reports shall not
7 reveal the identity of any patient or drug or alcohol dependent
8 person or other confidential information.
9 (f) The [council] department shall establish an information
10 center, which will attempt to gather and contain all available
11 published and unpublished data and information on the problems
12 of drug and alcohol abuse and dependence. All Commonwealth
13 departments and agencies shall send to the [council] department
14 any data and information pertinent to the cause, prevention,
15 diagnosis and treatment of drug and alcohol abuse and
16 dependence, and the toxicology, pharmacology, effects on the
17 health of drug and alcohol abusers and danger to the public
18 health of alcohol, drugs and controlled substances, and the
19 [council] department shall make such data and information widely
20 available.
21 (g) To facilitate the effectuation of the purposes of this
22 act, the [council, through its Executive Director,] department
23 shall require all appropriate local and State departments,
24 agencies, institutions and others engaged in implementing the
25 State plan to submit as often as necessary, but no less often
26 than annually, reports detailing the activities and effects of
27 the efforts of the aforementioned and recommending appropriate
28 amendments to the State plan. The [Executive Director]
29 department may direct [at his discretion] a performance audit of
30 any activity engaged in pursuant to the State plan.
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1 (h) The [council] department shall submit an annual report
2 to the General Assembly which shall specify the actions taken
3 and services provided and funds expended under each provision of
4 this act and an evaluation of their effectiveness, and which
5 shall contain the current State plan. The [council] department
6 shall submit such additional reports as may be requested by the
7 General Assembly and such recommendations as will further the
8 prevention, treatment, and control of drug and alcohol abuse and
9 dependence.
10 (i) The [council] department shall make provision for
11 facilities in each city or region or catchment area which shall
12 provide information about the total Commonwealth drug and
13 alcohol abuse and drug and alcohol dependency programs and
14 services.
15 (j) The [council] department may, for the authentication of
16 its records, process and proceedings, adopt, keep and use a
17 common seal of which seal judicial notice shall be taken in all
18 courts of this Commonwealth and any process, writ, notice or
19 other document, which the [council] department may be authorized
20 by law to issue, shall be deemed sufficient if signed by the
21 [chairman or] secretary of the [council] department and
22 authenticated by such seal. All acts, proceedings, orders,
23 papers, findings, minutes and records of the [council]
24 department and all reports and documents filed with the
25 [council] department, may be proved in any court of this
26 Commonwealth by a copy thereof certified to by the [chairman or]
27 secretary of the [council] department with the seal of the
28 [council] department attached.
29 (k) The department shall have the power to promulgate the
30 rules and regulations necessary to carry out the provisions of
19850H1685B2144 - 15 -
1 this act.
2 Section 6. Drug or Alcohol Abuse Services in Correctional
3 Institutions, Juvenile Detention Facilities and on Probation and
4 Parole.--(a) The services established by this act shall be used
5 by the Department of Justice and the Department of Public
6 Welfare for drug and alcohol abusers or drug and alcohol
7 dependent offenders, including juveniles, placed on work
8 release, probation, parole, or other conditional release. The
9 [council] department shall coordinate the development of and
10 encourage State and appropriate local agencies and departments
11 including the [Bureau of Correction] Department of Corrections
12 and Board of Probation and Parole, pursuant to the State plan,
13 to establish community based drug and alcohol abuse treatment
14 services and of drug and alcohol abuse treatment services in
15 State and county correctional institutions.
16 Medical detoxification and treatment shall be provided for
17 persons physically dependent upon alcohol or controlled
18 substances at correctional institutions and juvenile detention
19 facilities or in available appropriate medical facilities.
20 (b) The conditional release of any drug or alcohol abuser or
21 drug or alcohol dependent person convicted of any Commonwealth
22 offense may be conditioned on the person's agreement to periodic
23 urinalysis or other reasonable means of detecting controlled
24 substances or alcohol within the body.
25 (c) The [Bureau of Correction] Department of Corrections and
26 Board of Probation and Parole and appropriate local agencies may
27 transfer an offender placed on conditional release from one
28 treatment service to another depending upon his response to
29 treatment. The decision whether to retain or to restrict or to
30 revoke probation or parole or other conditional release after
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1 failure to conform to a schedule for rehabilitation shall be
2 made on the basis of what is most consistent with both the
3 rehabilitation of the individual and the safety of the
4 community. All reasonable methods of treatment shall be used to
5 prevent relapses and to promote rehabilitation. The [council]
6 department shall provide periodic reports and recommendations to
7 the [Bureau of Correction] Department of Corrections and Board
8 of Probation and Parole and appropriate local agencies on
9 persons being treated pursuant to this section.
10 Section 2. Persons who are currently members of the
11 Governor's Council On Drug and Alcohol Abuse, on the effective
12 date of this act, shall serve on the Pennsylvania Advisory
13 Council on Drug and Alcohol Abuse provided for in this act until
14 their successors are duly appointed.
15 Section 3. This act, with respect to the Governor's Council
16 On Drug and Alcohol Abuse renamed the Pennsylvania Advisory
17 Council on Drug and Alcohol Abuse, shall constitute the
18 legislation required to re-establish an agency pursuant to the
19 act of December 22, 1981 (P.L.508, No.142), known as the Sunset
20 Act. The Pennsylvania Advisory Council on Drug and Alcohol Abuse
21 is hereby reestablished and continued until December 31, 1988.
22 Section 4. All other acts and parts of acts are repealed
23 insofar as they are inconsistent with this act.
24 Section 5. This act shall take effect December 1, 1985, or
25 immediately, whichever is later.
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