1Amending the act of April 9, 1929 (P.L.177, No.175), entitled
2"An act providing for and reorganizing the conduct of the
3executive and administrative work of the Commonwealth by the
4Executive Department thereof and the administrative
5departments, boards, commissions, and officers thereof,
6including the boards of trustees of State Normal Schools, or
7Teachers Colleges; abolishing, creating, reorganizing or
8authorizing the reorganization of certain administrative
9departments, boards, and commissions; defining the powers and
10duties of the Governor and other executive and administrative
11officers, and of the several administrative departments,
12boards, commissions, and officers; fixing the salaries of the
13Governor, Lieutenant Governor, and certain other executive
14and administrative officers; providing for the appointment of
15certain administrative officers, and of all deputies and
16other assistants and employes in certain departments, boards,
17and commissions; and prescribing the manner in which the
18number and compensation of the deputies and all other
19assistants and employes of certain departments, boards and
20commissions shall be determined," further providing for
21powers and duties of the Department of Drug and Alcohol
22Programs.

23The General Assembly of the Commonwealth of Pennsylvania
24hereby enacts as follows:

25Section 1. The act of April 9, 1929 (P.L.177, No.175), known
26as The Administrative Code of 1929, is amended by adding
27sections to read:

28Section 2302-A. Definitions.

1The following words and phrases when used in this article
2shall have the meanings given to them in this section unless the
3context clearly indicates otherwise:

4"Department." The Department of Drug and Alcohol Programs of
5the Commonwealth.

6"Drug and alcohol recovery house." A safe and supportive,
7alcohol and drug-free environment where residents in recovery
8from alcohol or other drug addiction live together as a
9community. This definition shall also apply to residences
10described as sober houses, transitional houses or other houses
11where there are residents in recovery from alcohol or other drug
12addiction.

13Section 2303-A. Duties of department.

14(a) Development of standards.--As follows:

15(1) The department shall develop standards and criteria
16for certification of drug and alcohol recovery houses that
17receive funds from the department or Federal or other State
18agency, to ensure that the houses provide a safe environment
19for residents and for the surrounding community.

20(2) The department shall develop levels of standards and
21criteria corresponding to the levels of support and services
22provided by the drug and alcohol houses.

23(b) Standards.--The standards shall address the following
24areas and shall include, but not be limited to:

25(1) Policies and procedures to ensure that, upon
26admission, residents are informed of all house rules,
27residency requirements and any lease agreements.

28(2) Policies and procedures for the establishment and
29maintenance of an accounting system that fully documents all
30financial transactions including those of the residents.

1(3) Policies and procedures addressing the safety and
2protection of residents and the community.

3(4) Policies that promote recovery by requiring resident
4participation in treatment, self-help groups or other
5recovery supports.

6(5) Policies requiring abstinence from alcohol and other
7drugs.

8(6) Procedures regarding appropriate use and security of
9medication.

10(7) The maintenance of the property in which the drug
11and alcohol recovery house is located, including, but not
12limited to, the installation of functioning smoke detectors
13and fire extinguishers.

14Section 2304-A. Funding.

15A drug and alcohol or other recovery house shall not receive
16funding from the department or any State agency without
17certification.

18Section 2305-A. Certification.

19(a) Time period.--Certification shall last for a period of
20three years.

21(b) Compliance of existing houses.--Drug and alcohol
22recovery houses in existence at the time of the enactment of
23this article may be deemed certified by the department, if they
24provide documentation to the department providing proof they are
25in compliance with the regulations promulgated by the
26department.

27(c) Fee.--The department shall establish a fee to be paid by
28each drug and alcohol recovery house adequate to carry out the
29provisions of this article.

30Section 2306-A. Registry.

1The department shall create and maintain a registry of all
2certified drug and alcohol recovery houses within this
3Commonwealth. Providers of drug and alcohol treatment programs,
4as well as any public agencies which provide such services,
5shall refer clients only to drug and alcohol recovery houses
6certified by the department.

7Section 2307-A. Violations.

8A person owning a drug and alcohol recovery house that is
9funded, all or in part, with funding from the department,
10Federal or other State agency, has failed to attain or maintain
11certification of a drug and alcohol recovery house and has not
12been certified by the department shall pay a fine of $1,000 for
13each violation.

14Section 2308-A. Restricted account.

15All fines and fees collected shall be deposited into a
16restricted account in the department known as the Drug and
17Alcohol Recovery House Fund. Funds in this account are to be
18utilized for the enforcement of this article.

19Section 2309-A. Compliance with other laws.

20In order to receive and maintain certification, all drug and
21alcohol recovery houses must be in compliance with all Federal,
22State and local ordinances. Failure to comply or remain in
23compliance shall result in loss of certification and removal
24from the registry.

25Section 2310-A. Task force.

26(a) General rule.--The department shall convene a task force
27to make recommendations to the department regarding standards
28and criteria for certification of drug and alcohol recovery
29houses.

30(b) Members.--The task force shall include the following

1members:

2(1) The secretary of the department or his designee.

3(2) A representative from the Pennsylvania Board of
4Probation and Parole.

5(3) Three individuals representing directors of county
6drug and alcohol services.

7(4) Two individuals representing providers of drug and
8alcohol treatment facilities.

9(5) Two individuals representing drug and alcohol
10recovery houses in this Commonwealth.

11Section 2. This article shall take effect as follows:

12(1) The addition of section 2303-A of the act shall take
13effect in 90 days.

14(2) This section shall take effect immediately.

15(3) The remainder of the act shall take effect in 120
16days.