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PRIOR PRINTER'S NO. 351
PRINTER'S NO. 2744
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
122
Session of
2017
INTRODUCED BY KAUFER, READSHAW, FEE, DRISCOLL, TAYLOR, MURT,
RADER, DAVIS, MULLERY, NELSON, McNEILL, LONGIETTI, WATSON,
BOBACK, SIMMONS, SAYLOR, CUTLER, COOK, ROZZI, GALLOWAY, KORTZ
AND BARBIN, FEBRUARY 6, 2017
AS AMENDED ON SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES,
NOVEMBER 21, 2017
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,"
establishing the Project Lazarus Commission.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The act of April 14, 1972 (P.L.221, No.63), known
as the Pennsylvania Drug and Alcohol Abuse Control Act, is
amended by adding a section to read:
Section 3.1. Project Lazarus Commission.--(a) The Project
Lazarus Commission is established.
(b) The commission shall review and make recommendations
related to a best practice model for a comprehensive, community-
based effort to consolidate overdose prevention efforts for
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counties in this Commonwealth as provided under this section.
(c) The following shall apply:
(1) The commission shall consist of the following members:
(i) The chairman and minority chairman of the Public Health
and Welfare Committee of the Senate or the chairmen's designees,
the chairman and minority chairman of the Health Committee of
the House of Representatives or the chairmen's designees and the
chairman and minority chairman of the Human Services Committee
of the House of Representatives or the chairmen's designees.
(ii) Two legislators from each of the four legislative
caucuses, to be appointed by the President pro tempore of the
Senate and the Speaker of the House of Representatives, in
consultation with the Majority Leader and Minority Leader of the
Senate and the Majority Leader and Minority Leader of the House
of Representatives. CAUCUSES, TO BE APPOINTED AS FOLLOWS:
(A) TWO MEMBERS SHALL BE APPOINTED BY THE MAJORITY LEADER OF
THE SENATE;
(B) TWO MEMBERS SHALL BE APPOINTED BY THE MINORITY LEADER OF
THE SENATE;
(C) TWO MEMBERS SHALL BE APPOINTED BY THE MAJORITY LEADER OF
THE HOUSE OF REPRESENTATIVES; AND
(D) TWO MEMBERS SHALL BE APPOINTED BY THE MINORITY LEADER OF
THE HOUSE OF REPRESENTATIVES.
(iii) The Secretary of the Drug and Alcohol Programs or a
designee.
(iv) The Secretary of Health or a designee.
(v) An individual appointed by the Governor from within the
Governor's administration.
(2) The commission shall appoint a member to serve as
chairman of the commission.
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(d) The commission shall hold its first meeting within
forty-five days of the effective date of this section,
notwithstanding whether the Governor or all legislative caucuses
have approved members to the commission.
(e) The commission shall hold meetings at the call of the
chairman.
(f) A member LEGISLATIVE APPOINTEES TO THE COMMISSION UNDER
SUBSECTION (C)(I) AND (II) may not receive compensation for the
member's services, but shall be reimbursed for all necessary
travel and other reasonable expenses incurred in connection with
the performance of the member's duties. PERFORMANCE OF THE
APPOINTEE'S DUTIES. MEMBERS APPOINTED TO THE COMMISSION UNDER
SUBSECTION (C)(III), (IV) OR (V) SHALL NOT BE COMPENSATED FOR
THEIR SERVICE AS MEMBERS OF THE COMMISSION BUT MAY BE REIMBURSED
FOR EXPENSES NECESSARILY INCURRED IN THE DISCHARGE OF THEIR
OFFICIAL DUTIES IN ACCORDANCE WITH COMMONWEALTH POLICY IN EFFECT
FOR AGENCIES UNDER THE JURISDICTION OF THE GOVERNOR.
(g) The General Assembly shall provide administrative
support, meeting space and any other assistance required by the
commission to carry out the commission's duties under this
section in cooperation with the Department of Drug and Alcohol
Programs. The Department of Drug and Alcohol Programs, in
consultation with the department, shall provide the commission
with data, research and other information upon request by the
commission.
(h) The commission shall develop a best practice model and
identify factors to help counties establish or build existing
comprehensive community-based programs to prevent prescription
medication and opioid poisonings, present responsible pain
management and promote substance abuse treatment and support
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services. The factors identified under this subsection may
include all of the following:
(1) Community education about the dangers of misusing and
abusing prescription opioids.
(2) Provider education to improve the treatment of chronic
pain and the treatment of mental illness, addiction and pain.
(3) Hospital education policies to encourage safe
prescribing of controlled substances and provide meaningful
referrals for chronic pain and addiction.
(4) Diversion control to reduce the amount of prescribed
unused medicines existing in our society.
(5) Improvement of patient support so patients and
caregivers can safely manage chronic pain.
(6) Harm reduction to help people who do abuse opioids to
prevent overdose deaths with the antidote naloxone.
(7) Addiction treatment to help find effective treatment for
those who are ready to recover.
(i) The commission shall have the following powers and
duties:
(1) Review and make findings and recommendations related to
a best practice model for counties to use in this Commonwealth.
(2) Consult with and utilize experts to assist the
commission in carrying out the duties under this subsection.
(3) Receive input from interested parties, including, but
not limited to, health directors, school superintendents,
district attorneys, sheriffs, police chiefs, directors of
substance abuse treatment facilities and behavioral health
services and hospital and practitioner leaders.
(4) Hold public hearings in different regions of this
Commonwealth.
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(5) Review and consider the Project Lazarus model utilized
in other states.
(6) In identifying the best practice model factors under
subsection (h) and in completing the report required under this
subsection, consider the impact the factors may have on the
Commonwealth's Medicaid authority, schools, Commonwealth public
health and mental health agencies, community organizers, local
government, hospitals and law enforcement agencies.
(7) Review and make recommendations about expanding access
to effective forms of substance abuse treatment, data collection
and monitoring efforts, the distribution of naloxone to help
prevent overdose fatalities, modifying hospital emergency
department policies on dispensing pain medicines, support groups
for pain patients and one-on-one education of physicians on
managing chronic pain.
(8) Develop a best practice model and factors under
subsection (h).
(9) Draft proposed regulations and proposed legislation
based on the commission's findings.
(10) Issue a report of the commission's findings and
recommendations to the Governor, the President pro tempore of
the Senate, the Majority Leader and Minority Leader of the
Senate, the Public Health and Welfare Committee of the Senate,
the Speaker of the House of Representatives, the Majority Leader
and Minority Leader of the House of Representatives, the Health
Committee of the House of Representatives, the Human Services
Committee of the House of Representatives, the Secretary of
Health and the Secretary of Drug and Alcohol Programs not later
than one year after the effective date of this section.
Section 2. This act shall take effect immediately.
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