THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY EICHELBERGER, STACK, VOGEL, ERICKSON, KASUNIC, ALLOWAY, RAFFERTY, WAUGH, BREWSTER, WARD, TARTAGLIONE, FARNESE, D. WHITE AND GREENLEAF, APRIL 8, 2011

REFERRED TO PUBLIC HEALTH AND WELFARE, APRIL 8, 2011  

AN ACT

Amending the act of April 14, 1972 (P.L.221, No.63), entitled,

as amended, "An act establishing the Pennsylvania Advisory

Council on Drug and Alcohol Abuse; imposing duties on the

Department of Health to develop and coordinate the

implementation of a comprehensive health, education and

rehabilitation program for the prevention and treatment of

drug and alcohol abuse and drug and alcohol dependence;

providing for emergency medical treatment; providing for

treatment and rehabilitation alternatives to the criminal

process for drug and alcohol dependence; and making repeals,"

further providing for definitions; and providing for specific

powers and duties with regard to opioid addiction treatment.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  The definition of "council" in section 2(b) of

the act of April 14, 1972 (P.L.221, No.63), known as the

Pennsylvania Drug and Alcohol Abuse Control Act, amended

December 20, 1985 (P.L.529, No.119), is amended and the

subsection is amended by adding definitions to read:

Section 2.  Definitions:

* * *

(b)  As used in this act:

"Bureau" means the Bureau of Drug and Alcohol Programs in the

Department of Health or any successor entity which becomes

responsible for narcotic and opioid treatment programs.

* * *

"Council" means the Pennsylvania Advisory Council on Drug and

Alcohol Abuse established by this act and transferred to the

Department of Health by Reorganization Plan No. 4 on April 21,

1981.

* * *

"Division" means the Division of Drug and Alcohol Program

Licensure within the Department of Health or any successor

entity which becomes responsible for licensing drug or alcohol

programs.

* * *

"Methadone" means a synthetic opioid agonist which binds with

opioid receptors in the brain to initiate drug actions that

mimic the effects of opiates.

* * *

"Narcotic treatment program" means a program for chronic drug

users that either administers or dispenses agents under a

narcotic treatment physician's order for detoxification or

maintenance purposes, or provides a comprehensive range of

medical and rehabilitative services to alleviate adverse

medical, psychological or physical effects incident to an

addiction to narcotics or both.

"Opioid addiction treatment" means a narcotic treatment

program that involves the dispensing of an opioid agonist or

antagonist treatment medication, along with appropriate or

necessary medical and rehabilitative services to an individual

to alleviate the adverse medical, psychological or physical

effects incident to opiate addiction. This term encompasses

detoxification treatment, short-term detoxification treatment,

long-term detoxification treatment, maintenance treatment,

comprehensive maintenance treatment and interim maintenance

treatment.

* * *

Section 2.  The act is amended by adding a section to read:

Section 4.1.  Specific Powers and Duties with Regard to

Opioid Addiction Treatment.--The department in conjunction with

the bureau and council shall develop and adopt uniform State

standards for providers of opioid addiction treatment designed

to ensure the safety of both the patient and the general public

in connection with the utilization of opioid antagonists such as

methadone. At a minimum, the standards shall be evidence-based

to the extent possible and shall:

(1)  Require all clinics providing opioid addiction treatment

to be open seven days per week, three hundred sixty-five days

per year to limit take-home dosages or to otherwise provide such

provider accessibility to its patients.

(2)  Require all clinics providing opioid addiction treatment

to provide information on antidotes such as Narcan used to

counter the effects of opioid overdose to all patients starting

methadone treatment and to provide an antidote if requested by

the patient or otherwise deemed medically appropriate.

(3)  Require all clinics providing opioid addiction treatment

to test their patients for usage of benzodiazepines at intake

and regularly on a random basis.

(4)  Require all clinics providing opioid addiction treatment

to obtain a signed waiver or authorization before providing

methadone to a patient who is using benzodiazepines from the

psychiatrist or physician who has prescribed benzodiazepine

treatment for that patient.

(5)  Prohibit permissions to new patients to take methadone

home for the first six months of treatment.

(6)  Develop protocols with regard to the usage of tests

concerning serum methadone levels and electrocardial activity

with regard to determination of proper patient dosage levels.

(7)  Require reporting to local law enforcement of all known

methadone-related deaths.

(8)  Require development and usage of treatment plans and

protocols for patients which are designed to achieve drug

abstinence.

(9)  Require a methadone clinic or provider who prescribes

methadone to immediately revoke any take-home permissions upon

learning of arrest or conviction of a patient for driving under

the influence.

(10)  Prohibit a methadone clinic or provider from

prescribing an initial dose of methadone, unless the patient has

made arrangements for a designated driver, and require

development of protocols to assess the potential driving

impairment of a patient receiving an increase in methadone

dosage.

(11)  Require random, regular testing for any and all legal

or illegal substances which, in combination with methadone,

would increase the probability of impaired driving or otherwise

present a risk to the safety of the public or the patient.

Section 3.  This act shall take effect immediately.