AN ACT

 

1Amending the act of April 14, 1972 (P.L.221, No.63), entitled,
2as amended, "An act establishing the Pennsylvania Advisory
3Council on Drug and Alcohol Abuse; imposing duties on the
4Department of Health to develop and coordinate the
5implementation of a comprehensive health, education and
6rehabilitation program for the prevention and treatment of
7drug and alcohol abuse and drug and alcohol dependence;
8providing for emergency medical treatment; providing for
9treatment and rehabilitation alternatives to the criminal
10process for drug and alcohol dependence; and making repeals,"
11further providing for definitions; and providing for specific
12powers and duties with regard to opioid addiction treatment.

13The General Assembly of the Commonwealth of Pennsylvania
14hereby enacts as follows:

15Section 1. The definition of "council" in section 2(b) of
16the act of April 14, 1972 (P.L.221, No.63), known as the
17Pennsylvania Drug and Alcohol Abuse Control Act, amended
18December 20, 1985 (P.L.529, No.119), is amended and the
19subsection is amended by adding definitions to read:

20Section 2. Definitions:

21* * *

22(b) As used in this act:

1"Bureau" means the Bureau of Drug and Alcohol Programs in the
2Department of Health or any successor entity that becomes
3responsible for narcotic and opioid treatment programs.

4* * *

5"Council" means the Pennsylvania Advisory Council on Drug and
6Alcohol Abuse established by this act and transferred to the 
7Department of Health by Reorganization Plan No. 4 on April 21, 
81981.

9* * *

10"Division" means the Division of Drug and Alcohol Program
11Licensure within the Department of Health or any successor
12entity that becomes responsible for licensing drug or alcohol
13programs.

14* * *

15"Methadone" means a synthetic opioid agonist that binds with
16opioid receptors in the brain to initiate drug actions that
17mimic the effects of opiates.

18* * *

19"Narcotic treatment program" means a program for chronic drug
20users that either administers or dispenses agents under a
21narcotic treatment physician's order for detoxification or
22maintenance purposes, or provides a comprehensive range of
23medical and rehabilitative services to alleviate adverse
24medical, psychological or physical effects incident to an
25addiction to narcotics or both.

26"Opioid addiction treatment" means a narcotic treatment
27program that involves the dispensing of an opioid agonist or
28antagonist treatment medication, along with appropriate or
29necessary medical and rehabilitative services to an individual
30to alleviate the adverse medical, psychological or physical

1effects incident to opiate addiction. This term encompasses
2detoxification treatment, short-term detoxification treatment,
3long-term detoxification treatment, maintenance treatment,
4comprehensive maintenance treatment and interim maintenance
5treatment.

6* * *

7Section 2. The act is amended by adding a section to read:

8Section 4.1. Specific Powers and Duties with Regard to
9Opioid Addiction Treatment.--The department in conjunction with
10the bureau and council shall develop and adopt uniform State
11standards for providers of opioid addiction treatment designed
12to ensure the safety of both the patient and the general public
13in connection with the utilization of opioid antagonists such as
14methadone. At a minimum, the standards shall be evidence-based
15to the extent possible and shall:

16(1) Require a clinic providing opioid addiction treatment to
17be open seven days per week, three hundred sixty-five days per
18year to limit take-home dosages or to otherwise provide such
19provider accessibility to its patients.

20(2) Require a clinic providing opioid addiction treatment to
21provide information on antidotes such as Narcan used to counter
22the effects of opioid overdose to a patient starting methadone
23treatment and to provide an antidote if requested by the patient
24or otherwise deemed medically appropriate.

25(3) Require a clinic providing opioid addiction treatment to
26test its patients for usage of benzodiazepines at intake and
27regularly on a random basis.

28(4) Require a clinic providing opioid addiction treatment to
29obtain a signed waiver or authorization before providing
30methadone to a patient who is using benzodiazepines from the

1psychiatrist or physician who has prescribed benzodiazepine
2treatment for that patient.

3(5) Prohibit permission to a new patient to take methadone
4home for the first six months of treatment.

5(6) Develop protocols with regard to the usage of tests
6concerning serum methadone levels and electrocardial activity
7with regard to determination of proper patient dosage levels.

8(7) Require reporting to local law enforcement of all known
9methadone-related deaths.

10(8) Require development and usage of treatment plans and
11protocols for patients that are designed to achieve drug
12abstinence.

13(9) Require a methadone clinic or provider who prescribes
14methadone to immediately revoke any take-home permissions upon
15learning of arrest or conviction of a patient for driving under
16the influence.

17(10) Prohibit a methadone clinic or provider from
18prescribing an initial dose of methadone, unless the patient has
19made arrangements for a designated driver, and require
20development of protocols to assess the potential driving
21impairment of a patient receiving an increase in methadone
22dosage.

23(11) Require random, regular testing for any and all legal
24or illegal substances that, in combination with methadone, would
25increase the probability of impaired driving or otherwise
26present a risk to the safety of the public or the patient.

27Section 3. This act shall take effect immediately.