PRINTER'S NO. 1769

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

1190

Session of

2017

INTRODUCED BY McCLINTON, DEAN, KINSEY, MILLARD, BULLOCK, GAINEY,

ROEBUCK, READSHAW, DRISCOLL, MURT, D. COSTA, DONATUCCI,

V. BROWN, ROZZI, SIMS, FRANKEL, STURLA, FARRY, SNYDER AND

the School-Based Substance Abuse Prevention and Intervention

Program.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Title 35 of the Pennsylvania Consolidated

Statutes is amended by adding a chapter to read:

SCHOOL-BASED SUBSTANCE ABUSE PREVENTION

Sec.

§ 52B01. Scope of chapter.

This chapter relates to school-based substance abuse

prevention and intervention.

§ 52B02. Definitions.

The following words and phrases when used in this chapter

shall have the meanings given to them in this section unless the

context clearly indicates otherwise:

"Controlled substance." The term shall have the meaning

given to it under section 2 of the act of April 14, 1972

(P.L.233, No.64), known as The Controlled Substance, Drug,

Code of 1929, or any successor agency or office of the

Commonwealth created on or after the effective date of this act

to assume the powers and duties of the Department of Drug and

Alcohol Programs.

"Drug." The term shall have the meaning given to it under

section 2 of The Controlled Substance, Drug, Device and Cosmetic

Act.

"Prescription drug." A controlled substance or any other

drug which requires a medical prescription to be dispensed to or

for an ultimate user.

school, operating in a school district within this Commonwealth.

"School district." School districts of all classifications

established pursuant to section 202 of the act of March 10, 1949

(P.L.30, No.14), known as the Public School Code of 1949.

"Student." An individual enrolled in a school district,

including an individual enrolled in a charter or cyber charter

school in any school district in this Commonwealth.

§ 52B03. Establishment of program.

(a) Establishmen t.--There is established the School-Based

Substance Abuse Prevention and Intervention Program within the

intervention in accordance with the requirements of this act.

(c) Guidelines.--The curriculum guidelines shall be designed

to include the following elements, where age-appropriate, in

health courses of instruction:

(1) Detailed factual information regarding the risk of

harm associated with the use of controlled substances and the

nonmedical use of prescription drugs, including the

physiological, psychological, sociological, financial and

criminal consequences and other aspects of controlled

substance and prescription drug misuse and abuse.

(3) Knowledge and skills needed to evaluate

advertisements for and media portrayals of prescription

drugs, including the marketing of prescription drugs.

(4) Detailed instruction on the need for and the role of

law enforcement in controlling unlawful possession and use of

controlled substances and prescription drugs and law-abiding

behavior, including interaction with members of the law

enforcement and criminal justice communities.

(5) Detailed information on population-specific risk

factors such as age, gender, culture, ethnicity, environment

laws of this Commonwealth related to the possession, sale and

use of controlled substances and illegally obtained

prescription drugs.

(c) Development of plan.--No later than 180 days after the

effective date of this subsection, the department shall

recommend to the General Assembly a plan to assist each school

district with the establishment and maintenance of a program

that will provide appropriate counseling and support services to

students who experience problems related to the misuse and abuse

of controlled substances and prescription drugs or any other

section 1547 of the act of March 10, 1949 (P.L.30, No.14), known

as the Public School Code of 1949.

§ 52B04. Duties of school districts.

(a) Initial instructions.--

(1) Beginning with the 2018-2019 school year or at the

beginning of the first full school year following the

effective date of this subsection, whichever is earlier, and

each school year thereafter, each student shall receive

mandatory instruction in the program established under

section 52B03(a) (relating to establishment of program) in

offered, instruction shall be integrated into an appropriate

curriculum requirement in accordance with the requirements of

22 Pa. Code (relating to education).

(2) The instruction required to be provided in

accordance with paragraph (1) shall:

(i) Be age appropriate.

(ii) Be sequential in method of study.

(iii) Discourage the use of controlled substances

and the misuse and abuse of prescription drugs, including

prescription drugs that have a heightened potential for

(v) Communicate that the unlawful possession, sale

or give away and the improper or unauthorized use of

legally obtained prescription drugs are violations of

law, which may be subject to criminal prosecution.

(vi) Include instruction in prescription drug misuse

and abuse, including information on the connection

between prescription drug misuse and abuse and addiction

to controlled substances, such as heroin, and the

likelihood of accidental overdose.

(vii) Include prevention strategies designed to

(3) School districts may utilize any appropriate public

or private materials, personnel and other resources in

developing and implementing the program. The Department of

Drug and Alcohol Programs shall make available information

about appropriate curriculum materials upon request of a

school district or charter school. In developing its program,

each school district shall consult with the single county

authority designated by the Department of Drug and Alcohol

Programs to provide drug and alcohol services in the school

district's area.

If a school district develops the programs, they shall be

developed in consultation with the single county authority

designated by the Department of Drug and Alcohol Programs to

provide drug and alcohol services in the school district's area.

The program shall be offered at no cost to parents.

(c) In-service training.--Beginning with the first full

school year following the effective date of this subsection and

each school year thereafter, the department, in consultation

with the Department of Drug and Alcohol Programs, shall make

available to all school districts and intermediate units in-

controlled substances approved for medical use which have a

heightened potential for misuse and abuse. The in-service

programs may utilize the single county authorities designated by

the Department of Drug and Alcohol Programs or other

institutions, agencies or persons as the department may deem

appropriate.

(d) Training programs for instructors.--As part of the in-

service training under subsection (c), each school district

shall provide training programs on controlled substance and

prescription drug misuse and abuse for all instructors whose

made available by the department, the Department of Drug and

Alcohol Programs or any other alternative programs as may be

approved by the department, in consultation with the Department

of Drug and Alcohol Programs.

(e) Nonpublic schools.--The governing board of each

intermediate unit in which a nonpublic school is located shall

have the authority and the duty to loan to all students

attending nonpublic schools within the intermediate unit all

educational materials developed by either the department or the

Department of Drug and Alcohol Programs under this chapter for

of materials to a nonpublic school. A nonpublic school may

utilize the in-service training programs made available by the

department through the intermediate unit.

§ 52B05. Construction.

Nothing in this chapter shall be construed to prohibit a

school district from integrating a school-based substance abuse

prevention and intervention curriculum of instruction in

accordance with the requirements of this chapter into its

current curriculum requirements for instruction of alcohol,

chemical and tobacco abuse in accordance with section 1547 of

to carry out and enforce the provisions of this chapter.

immediately.

(2) This section shall take effect immediately.

(3) The remainder of this act shall take effect 180 days

following the publication of the curriculum guidelines in the

Pennsylvania Bulletin.