Regular Session 2015-2016 Senate Bill 0628 P.N. 0624

PRINTER'S NO. 624

THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

No.

628

Session of

2015

INTRODUCED BY WOZNIAK, FOLMER AND VANCE, MARCH 13, 2015

REFERRED TO PUBLIC HEALTH AND WELFARE, MARCH 13, 2015

AN ACT

Amending the act of April 9, 1929 (P.L.177, No.175), entitled

"An act providing for and reorganizing the conduct of the

executive and administrative work of the Commonwealth by the

Executive Department thereof and the administrative

departments, boards, commissions, and officers thereof,

including the boards of trustees of State Normal Schools, or

Teachers Colleges; abolishing, creating, reorganizing or

authorizing the reorganization of certain administrative

departments, boards, and commissions; defining the powers and

duties of the Governor and other executive and administrative

officers, and of the several administrative departments,

boards, commissions, and officers; fixing the salaries of the

Governor, Lieutenant Governor, and certain other executive

and administrative officers; providing for the appointment of

certain administrative officers, and of all deputies and

other assistants and employes in certain departments, boards,

and commissions; and prescribing the manner in which the

number and compensation of the deputies and all other

assistants and employes of certain departments, boards and

commissions shall be determined," in administrative

organization, abolishing the Department of Drug and Alcohol

Programs; in powers and duties of the Department of Health

and its departmental Administrative and Advisory Board,

transferring the Department of Drug and Alcohol's powers and

duties to the Department of Health; and, in powers and duties

of the Department of Drug and Alcohol Programs, making a

repeal.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Sections 201, 202 as much as relates to the

Department of Drug and Alcohol Programs, 206 and 207.1(d)(1) of

the act of April 9, 1929 (P.L.177, No.175), known as The

Administrative Code of 1929, amended or added July 9, 2010

(P.L.348, No.50), are amended to read:

Section 201. Executive Officers, Administrative Departments

and Independent Administrative Boards and Commissions.--(a) The

executive and administrative work of this Commonwealth shall be

performed by the Executive Department, consisting of the

Governor, Lieutenant Governor, Secretary of the Commonwealth,

Attorney General, Auditor General, State Treasurer, and

Secretary of Education; by the Executive Board, and the

Pennsylvania State Police; by the following administrative

departments: Department of State, Office of Attorney General,

Department of Corrections, Department of the Auditor General,

Treasury Department, Department of Education, Department of

Military Affairs, Insurance Department, Department of Banking,

Department of Agriculture, Department of Transportation,

Department of Health, [Department of Drug and Alcohol Programs,]

Department of Labor and Industry, Department of Aging,

Department of Public Welfare, Department of General Services,

Department of Revenue, Department of Community and Economic

Development, Department of Environmental Protection and

Department of Conservation and Natural Resources; and by the

following independent administrative boards and commissions:

Pennsylvania Game Commission, Pennsylvania Fish and Boat

Commission, State Civil Service Commission, Pennsylvania Public

Utility Commission and the Pennsylvania Securities Commission.

(b) All of the provisions of this act, which apply generally

to administrative departments, or generally except to the

Department of the Auditor General, the Treasury Department and

the Office of Attorney General, shall apply to the Executive

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Board and to the Pennsylvania State Police.

Section 202. Departmental Administrative Boards,

Commissions, and Offices.--The following boards, commissions,

and offices are hereby placed and made departmental

administrative boards, commissions, or offices, as the case may

be, in the respective administrative departments mentioned in

the preceding section, as follows:

* * *

[In the Department of Drug and Alcohol Programs,

Bureau of Prevention and Intervention,

Bureau of Treatment,

Bureau of Administration.]

All of the foregoing departmental administrative boards and

commissions shall be organized or reorganized as provided in

this act.

Section 206. Department Heads.--Each administrative

department shall have as its head an officer who shall, either

personally, by deputy, or by the duly authorized agent or

employe of the department, and subject at all times to the

provisions of this act, exercise the powers and perform the

duties by law vested in and imposed upon the department.

The following officers shall be the heads of the

administrative departments following their respective titles:

Secretary of the Commonwealth, of the Department of State;

Auditor General, of the Department of the Auditor General;

State Treasurer, of the Treasury Department;

Attorney General, of the Office of Attorney General;

Secretary of Education, of the Department of Education;

Adjutant General, of the Department of Military Affairs;

Insurance Commissioner, of the Insurance Department;

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Secretary of Banking, of the Department of Banking;

Secretary of Agriculture, of the Department of Agriculture;

Secretary of Transportation, of the Department of

Transportation;

Secretary of Health, of the Department of Health;

[Secretary of Drug and Alcohol Programs, of the

Department of Drug and Alcohol Programs;]

Secretary of Labor and Industry, of the Department of Labor

and Industry;

Secretary of Aging, of the Department of Aging;

Secretary of Public Welfare, of the Department of Public

Welfare;

Secretary of Revenue, of the Department of Revenue;

Secretary of Community and Economic Development, of the

Department of Community and Economic Development;

Secretary of Environmental Protection, of the Department of

Environmental Protection;

Secretary of Conservation and Natural Resources, of the

Department of Conservation and Natural Resources;

Secretary of General Services, of the Department of General

Services;

Secretary of Corrections, of the Department of Corrections.

Section 207.1. Gubernatorial Appointments.--* * *

(d) The Governor shall nominate in accordance with the

provisions of the Constitution of the Commonwealth of

Pennsylvania and, by and with the advice and consent of a

majority of the members elected to the Senate appoint persons to

fill the following positions:

(1) The Secretary of Education, the Secretary of the

Commonwealth, the Adjutant General, the Insurance Commissioner,

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the Secretary of Banking, the Secretary of Agriculture, the

Secretary of Transportation, the Secretary of Health, [the

Secretary of Drug and Alcohol Programs,] the Commissioner of the

State Police, the Secretary of Corrections, the Secretary of

Labor and Industry, the Secretary of Aging, the Secretary of

Public Welfare, the Secretary of General Services, the Secretary

of Revenue, the Secretary of Community and Economic Development,

the Secretary of Environmental Protection and the Secretary of

Conservation and Natural Resources.

* * *

Section 2. Section 2114 of the act, added May 2, 1949

(P.L.817, No.213), is amended to read:

Section 2114. [Alcoholism] Drug and Alcohol Abuse and

Dependence.--The Department of Health shall have the power, and

its duty shall be:

[(a) To investigate the subject of alcoholism in respect to

rehabilitation and compile and maintain reliable statistics

indicating the effectiveness of any rehabilitation programs

carried forward by State-aided clinics for alcoholics, State

hospitals and State-aided hospitals receiving alcoholics;

(b) To take such other steps as may be necessary to procure

such information and data as may be deemed helpful in the

treatment and rehabilitation of alcoholics.]

(a) To develop and adopt a State plan for the control,

prevention, intervention, treatment, rehabilitation, research,

education and training aspects of drug and alcohol abuse and

dependence problems. The State plan shall include provisions

for:

(1) Coordination of the efforts of all State agencies in the

control, prevention, intervention, treatment, rehabilitation,

20150SB0628PN0624 - 5 -

research, education and training aspects of drug and alcohol

abuse and dependence problems so as to avoid duplications and

inconsistencies in the efforts of the agencies.

(2) Coordination of all health and rehabilitation efforts to

deal with the problem of drug and alcohol abuse and dependence,

including those relating to vocational rehabilitation, manpower

development and training, senior citizens, law enforcement

assistance, parole and probation systems, jails and prisons,

health research facilities, mental retardation facilities and

community mental health centers, juvenile delinquency, health

professions, educational assistance, hospital and medical

facilities, social security, community health services,

education professions development, higher education,

Commonwealth employes health benefits, economic opportunity,

comprehensive health planning, elementary and secondary

education, highway safety and the civil service laws.

(3) Encouragement of the formation of local agencies and

local coordinating councils, promotion of cooperation and

coordination among such groups and encouragement of

communication of ideas and recommendations from such groups to

the Pennsylvania Advisory Council on Drug and Alcohol Abuse.

(4) Development of model drug and alcohol abuse and

dependence control plans for local government, utilizing the

concepts incorporated in the State plan. The model plans shall

be reviewed on a periodic basis, but not less than once a year,

and revised to keep them current. The model plans shall specify

how all types of community resources and existing Federal and

State legislation may be utilized.

(5) Assistance and consultation to local governments, public

and private agencies, institutions and organizations and

20150SB0628PN0624 - 6 -

individuals with respect to the prevention and treatment of drug

and alcohol abuse and dependence, including coordination of

programs among them.

(6) Cooperation with organized medicine to disseminate

medical guidelines for the use of drugs and controlled

substances in medical practice.

(7) Coordination of research, scientific investigations,

experiments and studies relating to the cause, epidemiology,

sociological aspects, toxicology, pharmacology, chemistry,

effects on health, dangers to public health, prevention,

diagnosis and treatment of drug and alcohol abuse and

dependence.

(8) Investigation of methods for the more precise detection

and determination of alcohol and controlled substances in urine

and blood samples and by other means, and publication on a

current basis of uniform methodology for detections and

determinations.

(9) Any information obtained through scientific

investigation or research conducted under this act shall be used

in ways so that no name or identifying characteristics of any

person shall be divulged without the approval of the department

and the consent of the person concerned. Persons engaged in

research under this section shall protect the privacy of

individuals who are the subject of the research by withholding

from all persons not connected with the conduct of the research

the names or other identifying characteristics of such

individuals. Persons engaged in the research shall protect the

privacy of individuals and may not be compelled in any State,

civil, criminal, administrative, legislative or other proceeding

to identify the individuals.

20150SB0628PN0624 - 7 -

(10) Establishment of training programs for professional and

nonprofessional personnel with respect to drug and alcohol abuse

and dependence, including the encouragement of such programs by

local governments.

(11) Development of a model curriculum, including the

provision of relevant data and other information, for

utilization by elementary and secondary schools for instructing

children and for parent-teachers' associations, adult education

centers, private citizen groups or other State and local sources

for instruction of parents and other adults about drug and

alcohol abuse and dependence.

(12) Preparation of a broad variety of educational,

prevention and intervention material for use in all media, to

reach all segments of the population, that can be utilized by

public and private agencies, institutions and organizations in

educational programs with respect to drug and alcohol abuse and

dependence.

(13) Establishment of educational courses, including the

provision of relevant data and other information on the causes

and effects of and treatment for drug and alcohol abuse and

dependence, for law enforcement officials, including prosecuting

attorneys, court personnel, the judiciary, probation and parole

officers, correctional officers and other law enforcement

personnel, welfare, vocational rehabilitation and other State

and local officials, who come in contact with drug abuse and

dependence problems.

(14) Recruitment, training, organization and employment of

professional and other persons, including former drug and

alcohol abusers and dependent persons, to organize and

participate in programs of public education.

20150SB0628PN0624 - 8 -

(15) Treatment and rehabilitation services for male and

female juveniles and adults who are charged with, convicted of

or serving a criminal sentence for any criminal offense under

the laws of the Commonwealth. Provision of similar services

shall be made for juveniles adjudged to be delinquent, dependent

or neglected. These services shall include emergency medical

services, inpatient services and intermediate care,

rehabilitative and outpatient services.

(16) Giving priority to developing community-based drug or

alcohol abuse treatment services in a cooperative manner among

State and local governmental agencies and departments and public

and private agencies, institutions and organizations.

Consideration shall be given to supportive medical care,

services or residential facilities for drug or alcohol dependent

persons for whom treatment has repeatedly failed and for whom

recovery is unlikely.

(17) Establishment of a system of emergency medical services

for persons voluntarily seeking treatment, for persons admitted

and committed to treatment facilities according to the

procedural admission and commitment provisions of the act of

July 9, 1976 (P.L.817, No.143) , known as the "Mental Health

Procedures Act," and for persons charged with a crime under

Pennsylvania law. Upon the establishment of such emergency

medical services, the Department of Health, by regulation, shall

require that appropriate emergency medical services be made

available to all drug and alcohol abusers who are arrested for a

crime under Pennsylvania law.

(18) Providing standards for the approval by the relevant

State agency for all private and public treatment and

rehabilitative facilities, which may include State hospitals and

20150SB0628PN0624 - 9 -

institutions, public and private general hospitals, community

mental health centers or their contracting agencies and public

and private drug or alcohol dependence and drug and alcohol

abuse and dependence treatment and rehabilitation centers.

(19) Grants and contracts for the prevention, intervention

and treatment of drug and alcohol dependence. The grants and

contracts may include assistance to local governments and public

and private agencies, institutions and organizations for

prevention, intervention, treatment, rehabilitation, research,

education and training aspects of the drug and alcohol abuse and

dependence problems with the Commonwealth. Any grant made or

contract entered into by a department or agency shall be

pursuant to the functions allocated to that department or agency

by the State plan.

(20) Preparation of general regulations for and operation of

programs supported with assistance.

(21) Establishment of priorities for deciding allocation of

the funds.

(22) Review the administration and operation of programs,

including the effectiveness of programs in meeting the purposes

for which they are established and operated, and make annual

reports of the findings.

(23) Evaluate the programs and projects carried out and

disseminate the results of the evaluations.

(24) Establish advisory committees as deemed necessary to

assist the Department of Health in fulfilling its

responsibilities.

(b) In developing the State plan initially, and prior to its

amendment annually, to hold a public hearing at least thirty

(30) days prior to the adoption of the initial State plan and

20150SB0628PN0624 - 10 -

subsequent amendments and to afford all interested persons an

opportunity to present their views either orally or in writing.

The Department of Health, through its staff, shall consult and

collaborate with appropriate Federal, State and local

departments, boards, agencies and governmental units, and with

appropriate public and private agencies, institutions, groups

and organizations. Otherwise, the promulgation of the State plan

shall conform to the procedure contained in the act of July 31,

1968 (P.L.769, No.240), referred to as the Commonwealth

Documents Law.

responsibility for all services, programs and other efforts

provided for among the appropriate departments, agencies and

other State personnel. The Department of Health, through its

employees, shall have the power and its duty shall be to

implement compliance with the provisions of the State plan and

to coordinate all efforts.

(d) To gather and publish statistics pertaining to drug and

alcohol abuse and dependence and promulgate regulations,

specifying uniform statistics to be obtained, records to be

maintained and reports to be submitted by public and private

departments, agencies, organizations, practitioners and other

persons with respect to drug and alcohol abuse and dependence

and related problems. Such statistics and reports shall not

reveal the identity of any patient or drug or alcohol-dependent

person or other confidential information.

(e) To establish an information center, which will attempt

to gather and contain all available published and unpublished

data and information on the problems of drug and alcohol abuse

and dependence. All Commonwealth departments and agencies shall

20150SB0628PN0624 - 11 -

send to the Department of Health any data and information

pertinent to the cause, prevention, diagnosis and treatment of

drug and alcohol abuse and dependence and the toxicology and

pharmacology effects on the health of drug and alcohol abusers

and danger to the public health of alcohol, drugs and controlled

substances. The Department of Health shall make the data and

information widely available.

(f) To require all appropriate State and local departments,

agencies, institutions and others engaged in implementing the

State plan to submit as often as necessary, but no less often

than annually, reports detailing the activities and effects of

the implementation and recommending appropriate amendments to

the State plan. The department may direct a performance audit of

any activity engaged in pursuant to the State plan.

(g) To submit an annual report to the General Assembly which

shall specify the actions taken and services provided and funds

expended and an evaluation of their effectiveness. The annual

report shall also contain the current State plan. The Department

of Health shall submit additional reports as may be requested by

the General Assembly and recommendations to further the

prevention, treatment and control of drug and alcohol abuse and

dependence.

(h) To make provisions for facilities in each city or region

or catchment area which shall provide information about the

total Commonwealth drug and alcohol abuse and drug and alcohol

dependency programs and services.

Section 3. Article XXIII-A heading and section 2301-A of the

act, added July 9, 2010 (P.L.348, No.50), are repealed:

[ARTICLE XXIII-A

POWERS AND DUTIES OF THE DEPARTMENT OF DRUG

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AND ALCOHOL PROGRAMS

Section 2301-A. Powers and duties.

The Department of Drug and Alcohol Programs shall have the

power and its duty shall be:

(1) To develop and adopt a State plan for the control,

prevention, intervention, treatment, rehabilitation,

research, education and training aspects of drug and alcohol

abuse and dependence problems. The State plan shall include,

but not be limited to, provisions for:

(i) Coordination of the efforts of all State

agencies in the control, prevention, intervention,

treatment, rehabilitation, research, education and

training aspects of drug and alcohol abuse and dependence

problems so as to avoid duplications and inconsistencies

in the efforts of the agencies.

(ii) Coordination of all health and rehabilitation

efforts to deal with the problem of drug and alcohol

abuse and dependence, including, but not limited to,

those relating to vocational rehabilitation, manpower

development and training, senior citizens, law

enforcement assistance, parole and probation systems,

jails and prisons, health research facilities, mental

retardation facilities and community mental health

centers, juvenile delinquency, health professions,

educational assistance, hospital and medical facilities,

social security, community health services, education

professions development, higher education, Commonwealth

employees health benefits, economic opportunity,

comprehensive health planning, elementary and secondary

education, highway safety and the civil service laws.

20150SB0628PN0624 - 13 -

(iii) Encouragement of the formation of local

agencies and local coordinating councils, promotion of

cooperation and coordination among such groups and

encouragement of communication of ideas and

recommendations from such groups to the Pennsylvania

Advisory Council on Drug and Alcohol Abuse.

(iv) Development of model drug and alcohol abuse and

dependence control plans for local government, utilizing

the concepts incorporated in the State plan. The model

plans shall be reviewed on a periodic basis, but not less

than once a year, and revised to keep them current. The

model plans shall specify how all types of community

resources and existing Federal and Commonwealth

legislation may be utilized.

(v) Assistance and consultation to local

governments, public and private agencies, institutions

and organizations and individuals with respect to the

prevention and treatment of drug and alcohol abuse and

dependence, including coordination of programs among

them.

(vi) Cooperation with organized medicine to

disseminate medical guidelines for the use of drugs and

controlled substances in medical practice.

(vii) Coordination of research, scientific

investigations, experiments and studies relating to the

cause, epidemiology, sociological aspects, toxicology,

pharmacology, chemistry, effects on health, dangers to

public health, prevention, diagnosis and treatment of

drug and alcohol abuse and dependence.

(viii) Investigation of methods for the more precise

20150SB0628PN0624 - 14 -

detection and determination of alcohol and controlled

substances in urine and blood samples and by other means,

and publication on a current basis of uniform methodology

for such detections and determinations.

(ix) Any information obtained through scientific

investigation or research conducted pursuant to this act

shall be used in ways so that no name or identifying

characteristics of any person shall be divulged without

the approval of the department and the consent of the

person concerned. Persons engaged in research pursuant to

this section shall protect the privacy of individuals who

are the subject of such research by withholding from all

persons not connected with the conduct of such research

the names or other identifying characteristics of such

individuals. Persons engaged in the research shall

protect the privacy of such individuals and may not be

compelled in any State, civil, criminal, administrative,

legislative or other proceeding to identify such

individuals.

(x) Establishment of training programs for

professional and nonprofessional personnel with respect

to drug and alcohol abuse and dependence, including the

encouragement of such programs by local governments.

(xi) Development of a model curriculum, including

the provision of relevant data and other information, for

utilization by elementary and secondary schools for

instructing children and for parent-teachers'

associations, adult education centers, private citizen

groups or other State and local sources for instruction

of parents and other adults about drug and alcohol abuse

20150SB0628PN0624 - 15 -

and dependence.

(xii) Preparation of a broad variety of educational,

prevention and intervention material for use in all

media, to reach all segments of the population, that can

be utilized by public and private agencies, institutions

and organizations in educational programs with respect to

drug and alcohol abuse and dependence.

(xiii) Establishment of educational courses,

including the provision of relevant data and other

information on the causes and effects of and treatment

for drug and alcohol abuse and dependence, for law

enforcement officials, including prosecuting attorneys,

court personnel, the judiciary, probation and parole

officers, correctional officers and other law enforcement

personnel, welfare, vocational rehabilitation and other

State and local officials, who come in contact with drug

abuse and dependence problems.

(xiv) Recruitment, training, organization and

employment of professional and other persons, including

former drug and alcohol abusers and dependent persons, to

organize and participate in programs of public education.

(xv) Treatment and rehabilitation services for male

and female juveniles and adults who are charged with,

convicted of or serving a criminal sentence for any

criminal offense under the laws of this Commonwealth.

Provision of similar services shall be made for juveniles

adjudged to be delinquent, dependent or neglected. These

services shall include, but are not limited to, emergency

medical services, inpatient services and intermediate

care, rehabilitative and outpatient services.

20150SB0628PN0624 - 16 -

(xvi) Giving priority to developing community-based

drug or alcohol abuse treatment services in a cooperative

manner among State and local governmental agencies and

departments and public and private agencies, institutions

and organizations. Consideration shall be given to

supportive medical care, services or residential

facilities for drug or alcohol dependent persons for whom

treatment has repeatedly failed and for whom recovery is

unlikely.

(xvii) Establishment of a system of emergency

medical services for persons voluntarily seeking

treatment, for persons admitted and committed to

treatment facilities according to the procedural

admission and commitment provisions of the act of July 9,

1976 (P.L.817, No.143), known as the Mental Health

Procedures Act, and for persons charged with a crime

under Pennsylvania law. Upon the establishment of such

emergency medical services, the Department of Drug and

Alcohol Programs, by regulation, shall require that

appropriate emergency medical services be made available

to all drug and alcohol abusers who are arrested for a

crime under Pennsylvania law.

(xviii) Providing standards for the approval by the

relevant State agency for all private and public

treatment and rehabilitative facilities, which may

include, but are not limited to, State hospitals and

institutions, public and private general hospitals,

community mental health centers or their contracting

agencies and public and private drug or alcohol

dependence and drug and alcohol abuse and dependence

20150SB0628PN0624 - 17 -

treatment and rehabilitation centers.

(xix) Grants and contracts for the prevention,

intervention and treatment of drug and alcohol

dependence. The grants and contracts may include

assistance to local governments and public and private

agencies, institutions and organizations for prevention,

intervention, treatment, rehabilitation, research,

education and training aspects of the drug and alcohol

abuse and dependence problems with the Commonwealth. Any

grant made or contract entered into by a department or

agency shall be pursuant to the functions allocated to

that department or agency by the State plan.

(xx) Preparation of general regulations for and

operation of programs supported with assistance.

(xxi) Establishment of priorities for deciding

allocation of the funds.

(xxii) Review the administration and operation of

programs, including the effectiveness of such programs in

meeting the purposes for which they are established and

operated, and make annual reports of the findings.

(xxiii) Evaluate the programs and projects carried

out and disseminate the results of such evaluations.

(xxiv) Establish such advisory committees as deemed

necessary to assist the department in fulfilling its

responsibilities.

(2) In developing the State plan initially, and prior to

its amendment annually, to hold a public hearing at least 30

days prior to the adoption of the initial State plan and

subsequent amendments and to afford all interested persons an

opportunity to present their views either orally or in

20150SB0628PN0624 - 18 -

writing. The Department of Drug and Alcohol Programs, through

its staff, shall consult and collaborate with appropriate

Federal, State and local departments, boards, agencies and

governmental units, and with appropriate public and private

agencies, institutions, groups and organizations. Otherwise,

the promulgation of the State plan shall conform to the

procedure contained in the act of July 31, 1968 (P.L.769,

No.240), referred to as the Commonwealth Documents Law.

(3) In accordance with the State plan, to allocate the

responsibility for all services, programs and other efforts

provided for among the appropriate departments, agencies and

other State personnel. The department, through its employees,

shall have the power and its duty shall be to implement

compliance with the provisions of the State plan and to

coordinate all such efforts.

(4) To gather and publish statistics pertaining to drug

and alcohol abuse and dependence and promulgate regulations,

specifying uniform statistics to be obtained, records to be

maintained and reports to be submitted by public and private

departments, agencies, organizations, practitioners and other

persons with respect to drug and alcohol abuse and dependence

and related problems. Such statistics and reports shall not

reveal the identity of any patient or drug or alcohol-

dependent person or other confidential information.

(5) To establish an information center, which will

attempt to gather and contain all available published and

unpublished data and information on the problems of drug and

alcohol abuse and dependence. All Commonwealth departments

and agencies shall send to the Department of Drug and Alcohol

Programs any data and information pertinent to the cause,

20150SB0628PN0624 - 19 -

prevention, diagnosis and treatment of drug and alcohol abuse

and dependence and the toxicology and pharmacology effects on

the health of drug and alcohol abusers and danger to the

public health of alcohol, drugs and controlled substances.

The Department of Drug and Alcohol Programs shall make such

data and information widely available.

(6) To require all appropriate State and local

departments, agencies, institutions and others engaged in

implementing the State plan to submit as often as necessary,

but no less often than annually, reports detailing the

activities and effects of the implementation and recommending

appropriate amendments to the State plan. The department may

direct a performance audit of any activity engaged in

pursuant to the State plan.

(7) To submit an annual report to the General Assembly

which shall specify the actions taken and services provided

and funds expended and an evaluation of their effectiveness.

The annual report shall also contain the current State plan.

The Department of Drug and Alcohol Programs shall submit such

additional reports as may be requested by the General

Assembly and recommendations to further the prevention,

treatment and control of drug and alcohol abuse and

dependence.

(8) To make provisions for facilities in each city or

region or catchment area which shall provide information

about the total Commonwealth drug and alcohol abuse and drug

and alcohol dependency programs and services.

(9) The department shall have the power to promulgate

the rules and regulations necessary to carry out the

provisions of this article.]

20150SB0628PN0624 - 20 -

Section 4. All personnel, allocation, appropriations,

equipment, files, records, contracts, agreements, obligations

and other material which are used, employed or expended in

connection with the powers, duties or functions of the

Department of Drug and Alcohol Programs are hereby transferred

to the Department of Health with the same force and effect as if

the appropriations had been made to and said items had been the

property of the Department of Health in the first instance, and

as if said contracts, agreements and obligations had been

incurred or entered into by the Department of Health. The

personnel, appropriations, equipment and other items and

material transferred by this section shall include Federal

grants and funds and other benefits from any Federal program.

All personnel transferred under this act shall retain any civil

service employment status assigned to said personnel.

Section 5. All orders, permits, regulations, decisions and

other actions of the Department of Drug and Alcohol Programs

shall remain in full force and effect until modified, repealed,

superseded in or otherwise changed by appropriate action of the

Department of Health.

Section 6. The Pennsylvania Advisory Council on Drug and

Alcohol Abuse established in section 3 of the act of April 14,

1972 (P.L.221, No.63), known as the Pennsylvania Drug and

Alcohol Abuse Control Act, shall be recognized as an advisory

council to the Department of Health.

Section 7. This act shall take effect July 1, 2015, or

immediately, whichever is later.

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