PRINTER'S NO. 1730
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1378
Session of
2017
INTRODUCED BY DiGIROLAMO, GAINEY, ROZZI, DAVIS, O'BRIEN, WATSON,
KINSEY, NEILSON, GODSHALL, MILLARD, HEFFLEY, MURT, TAYLOR,
W. KELLER, McNEILL, DRISCOLL, BIZZARRO, READSHAW, D. COSTA,
V. BROWN, FRANKEL, FLYNN, STURLA, FARRY AND DeLUCA,
MAY 11, 2017
REFERRED TO COMMITTEE ON HUMAN SERVICES, MAY 11, 2017
AN ACT
Amending Title 35 (Health and Safety) of the Pennsylvania
Consolidated Statutes, providing for emergency addiction
treatment; imposing powers and duties on the Department of
Drug and Alcohol Programs; establishing the Emergency
Addiction Treatment Program and the Opioid Reparation and
Accountability Fund; and imposing fines and penalties.
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:
CHAPTER 83
EMERGENCY ADDICTION TREATMENT
Subchapter
A. Preliminary Provisions
B. Program
C. Administration
SUBCHAPTER A
PRELIMINARY PROVISIONS
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Sec.
8301. Short title of chapter.
8302. Declaration of policy.
8303. Definitions.
ยง 8301. Short title of chapter.
This chapter shall be known and may be cited as the Emergency
Addiction Treatment Act.
ยง 8302. Declaration of policy.
The General Assembly finds and declares as follows:
(1) More than 219,000,000 prescriptions for opioid
painkillers were written in the United States in 2014.
(2) Sales of opioid painkillers generated more than
$11,000,000,000 in revenue in 2009 and are expected to grow
to more than $15,000,000,000 in the coming years.
(3) This Commonwealth is in the middle of a major drug
epidemic, primarily driven by opioid painkillers and heroin.
(4) In 2013, there were more than 2,525 drug overdose
deaths in this Commonwealth.
(5) Heroin-related admissions to addiction treatment
programs in this Commonwealth increased by 17% in 2014. The
heroin problem is being driven by prescription drug
addiction.
(6) The widespread availability, overmarketing and
overprescribing of opioid painkillers have resulted in
increases in overdose deaths, emergency room admissions,
admissions to addiction treatment programs and crime, all of
which adversely impact State and local budgets.
(7) State and county funding for addiction treatment
programs is insufficient to handle the increased demand for
addiction treatment.
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ยง 8303. 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:
"Department." The Department of Drug and Alcohol Programs of
the Commonwealth.
"Fund." The Opioid Reparation and Accountability Fund
established under section 8306 (relating to Opioid Reparation
and Accountability Fund).
"Impact fee." The opioid reparation and accountability
impact fee established under section 8305 (relating to impact
fee).
"Opioid products." Pharmaceutical drugs containing opiates.
"Person." An individual, unincorporated association,
company, corporation, joint stock company, group, agency,
syndicate, trust, trustee, receiver, fiduciary, partnership or
conservator. If used in any of the provisions of this chapter
prescribing or imposing penalties, the term, as applied to a
partnership, unincorporated association or other joint venture,
shall mean the partners or members of the partnership,
unincorporated association or other joint venture, and as
applied to a corporation, shall mean each officer and director
of the corporation.
"Program." The Emergency Addiction Treatment Program
established in section 8304 (relating to Emergency Addiction
Treatment Program).
"Purchase price." The total value of anything paid or
delivered, or promised to be paid or delivered, money or
otherwise, in complete performance of a sale or purchase,
without any deduction on account of the cost or value of the
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property sold, cost or value of transportation, cost or value of
labor service, interest or discount paid or allowed after the
sale is consummated, any tax imposed by the Commonwealth or any
other expense.
SUBCHAPTER B
PROGRAM
Sec.
8304. Emergency Addiction Treatment Program.
8305. Impact fee.
8306. Opioid Reparation and Accountability Fund.
ยง 8304. Emergency Addiction Treatment Program.
(a) Establishment.--The Emergency Addiction Treatment
Program is established in the Department of Drug and Alcohol
Programs to provide addiction treatment in licensed long-term
residential addiction treatment facilities, including licensed
halfway houses, for individuals who are unable to obtain timely
or appropriate treatment, as determined by the department and to
establish such treatment facilities. The program shall be
administered by the department.
(b) Powers and duties of department.--In order to provide
individuals seeking assistance with better and more timely
access to drug and alcohol addiction treatment, the department
shall:
(1) Maintain a toll-free telephone number to assist
individuals seeking help for drug and alcohol problems. The
telephone number shall be posted on the department's publicly
accessible Internet website and shall be posted or published
by the department in other media as the department determines
is necessary to reach as many individuals as possible.
(2) Provide assistance in accessing addiction treatment.
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The department may satisfy this duty by contract.
(3) Develop and maintain a database identifying problems
and patterns in accessing appropriate addiction treatment.
(4) Prepare an annual report to the General Assembly on
the activities described in paragraphs (1), (2) and (3),
including recommendations for improving access to addiction
treatment. The report shall be posted on the department's
publicly accessible Internet website.
(c) Guidelines.--The department shall develop and forward to
the Legislative Reference Bureau for publication in the
Pennsylvania Bulletin guidelines for the implementation of the
program established under section 8306(a) (relating to Opioid
Reparation and Accountability Fund) and to govern the eligible
use of the funds by counties and other entities or persons that
provide addiction treatment services to individuals in licensed
long-term residential addiction treatment facilities, including
halfway houses.
ยง 8305. Impact fee.
(a) Imposition.--
(1) An opioid reparation and accountability impact fee
shall be paid by a person that manufactures, produces,
distributes, sells or offers to sell opioid products in this
Commonwealth.
(2) The ultimate end-user of an opioid product shall not
be required to pay any portion of the impact fee assessed
under this section, either directly or indirectly.
(b) Timing and rate of assessment.--
(1) The impact fee shall be assessed at the time an
opioid product is first sold in this Commonwealth or for use
in this Commonwealth at the rate of 10% of the purchase price
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charged to the initial buyer of the opioid product.
(2) The impact fee shall be paid by the person selling
the opioid product to the initial buyer and remitted to the
Department of Revenue. The person shall separately state the
amount of the fee on an invoice or other sales document.
(c) Exceptions.--The impact fee may not be imposed on opioid
products that:
(1) are exported for sale and use outside this
Commonwealth; or
(2) are not subject to taxation by the Commonwealth
under any Federal law.
(d) Report and remittance of impact fee.--
(1) A person that manufactures, produces, distributes,
sells or offers to sell opioid products in this Commonwealth
or for use in this Commonwealth shall file monthly reports
with the Department of Revenue by the 20th day of each
calendar month commencing with the second calendar month
following the effective date of this chapter. The report
shall contain the information listed in section 8311(b)
(relating to reports, records and inspections) for the
previous month.
(2) The impact fee shall be due at the time the report
is due.
(3) The Department of Revenue may require the filing of
reports and the remittance of the impact fee on a less
frequent basis at its discretion.
(e) Other provisions.--Unless otherwise specifically noted,
the provisions of Article II of the act of March 4, 1971 (P.L.6,
No.2), known as the Tax Reform Code of 1971, shall apply to the
reports, payments, penalties, enforcement, collections and
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appeals of the impact fee.
ยง 8306. Opioid Reparation and Accountability Fund.
(a) Establishment.--The Opioid Reparation and Accountability
Fund is established in the State Treasury. The Department of
Revenue shall deposit the impact fee remitted under section 8305
(relating to impact fee) into the fund. Money in the fund shall
not lapse and is appropriated on a continuing basis to the
department for the purposes stated in this section.
(b) Quarterly distributions.--Money in the fund shall be
distributed quarterly by the department as follows:
(1) Fifty-five percent to the department to fund the
implementation and administration of the program. The
department shall disperse funds through contract, grant or
application by single county authorities on drugs and alcohol
created under the act of April 14, 1972 (P.L.221, No.63),
known as the Pennsylvania Drug and Alcohol Abuse Control Act,
or licensed addiction treatment programs or individuals
seeking treatment services described in section 8304(a)
(relating to Emergency Addiction Treatment Program).
(2) Thirty-seven percent to counties to fund the
following:
(i) The purchase of naloxone for local police and
first responders and the provision of training on the use
of naloxone.
(ii) Drug and alcohol addiction counseling in county
jails.
(iii) Costs to the criminal justice system related
to drugs and alcohol addiction.
(iv) Establishment and maintenance of procedures to
ensure the transition of overdose survivors to addiction
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treatment programs.
(3) Four percent to the department to fund the
activities under section 8304(b).
(4) Three percent to the department to fund the other
responsibilities under this chapter.
(5) One percent to the Department of Health to be used
exclusively for prescription drug monitoring under the act of
October 27, 2014 (P.L.2911, No.191), known as the Achieving
Better Care by Monitoring All Prescriptions Program (ABC-MAP)
Act.
(c) Other funding.--Money distributed from the fund shall be
used to supplement, and not to replace, other funding for drug
and alcohol addiction treatment programs in this Commonwealth.
SUBCHAPTER C
ADMINISTRATION
Sec.
8307. Powers and duties of Department of Revenue and
administration.
8308. Assessment.
8309. Electronic filing.
8310. Extension of limitation period.
8311. Reports, records and inspections.
8312. Information exchange.
8313. Fines and penalties.
ยง 8307. Powers and duties of Department of Revenue and
administration.
The Department of Revenue shall administer the provisions of
this chapter relating to the imposition and collection of the
impact fee, including enforcement. The Department of Revenue
shall adopt rules and regulations for the enforcement of its
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obligations under this chapter.
ยง 8308. Assessment.
The Department of Revenue may make the inquiries,
determinations and assessments of the impact fee, including
interest, additions and penalties, imposed by this chapter.
ยง 8309. Electronic filing.
The Department of Revenue may, at its discretion, require
that any or all reports that are required to be filed under this
chapter be filed electronically.
ยง 8310. Extension of limitation period.
Notwithstanding any other provision of this chapter, where,
before the expiration of the period prescribed for the
assessment of the impact fee, a person has consented in writing
that the period be extended, the amount of the impact fee due
may be assessed by the Department of Revenue at any time within
the extended period. The period so extended may be extended
further by subsequent consents in writing made before the
expiration of the extended period.
ยง 8311. Reports, records and inspections.
(a) Reports of shipments and receipts of opioid products
required.--
(1) The Department of Revenue may, in its discretion and
at any time it deems necessary, require a report from any
common carrier or contract carrier who transports opioid
products to any point or points within this Commonwealth and
from any bonded warehouseman or bailee who has in the
possession of the warehouseman or bailee any opioid products.
The report shall contain the information concerning shipments
of opioid products that the Department of Revenue determines
to be necessary for the administration and enforcement of
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this chapter.
(2) All common carriers and contract carriers, bailees
and warehousemen shall permit the examination by the
Department of Revenue or its authorized agents of any records
relating to the shipment or receipt of opioid products.
(b) Records of manufacturers and wholesalers.--A person that
sells opioid products subject to the impact fee shall keep, on
an annual basis, for a period of four years, records showing for
each calendar year:
(1) The number or units and pharmaceutical name or
description of opioid products sold.
(2) The date the opioid products were sold.
(3) The name, address or other contact information, as
may be required by the Department of Revenue, of the person
to whom the opioid products were initially sold.
(4) The purchase price charged to the initial buyer for
each unit of opioid products sold.
(5) The place to which the opioid products were shipped.
(6) The name of the common carrier or contract carrier.
(c) Inspections.--
(1) The Department of Revenue may inspect the books and
records, the stock of opioid products and the premises and
equipment of any person in order to verify the accuracy of
the payment of the impact fee.
(2) The person subject to an inspection shall give to
the Department of Revenue or its duly authorized
representative the means, facilities and opportunity for the
inspection.
ยง 8312. Information exchange.
The department may exchange information with any other
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Federal, State or local enforcement agency for purposes of
administering and enforcing this chapter.
ยง 8313. Fines and penalties.
(a) Collection of impact fee.--
(1) The amount of the impact fee due and not remitted in
accordance with section 8305(d) (relating to impact fee) may
be assessed and collected by the Department of Revenue at any
time whenever transactions subject to the impact fee are not
reported.
(2) If a person willfully files a false or fraudulent
report with the intent to evade the impact fee, the amount of
the impact fee due may be assessed and collected by the
Department of Revenue at any time.
(b) Failure to furnish information, returning false
information or failure to permit inspection.--
(1) A person who fails to keep or make any record,
report, inventory or statement or keeps or makes any false or
fraudulent record, report, inventory or statement required by
this chapter commits a misdemeanor and shall, upon
conviction, be sentenced to pay a fine of $500 or to
imprisonment for not more than one year, or both.
(2) A person who willfully refuses to cooperate with or
permit an inspection to the satisfaction of the Department of
Revenue commits a misdemeanor and shall, upon conviction, be
sentenced to pay a fine of $500 or to imprisonment for not
more than one year, or both.
(c) Penalties.--
(1) A person who sells an opioid product for which the
proper impact fee has not been paid commits a summary offense
and shall, upon conviction, be sentenced to pay a fine of not
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less than $100 nor more than $1,000 or to imprisonment for
not more than 60 days, or both.
(2) A person who falsely or fraudulently, maliciously,
intentionally or willfully, with intent to evade the payment
of the impact fee, sells an opioid product for which the
proper impact fee has not been paid commits a felony and
shall, upon conviction, be sentenced to pay a fine of not
more than $15,000 or to imprisonment for not more than five
years, or both.
(3) In addition to the penalties prescribed in
paragraphs (1) and (2), if a person fails to file the report
required by section 8305(d) or fails to pay the impact fee,
the Department of Revenue may impose an administrative
penalty equal to the amount of the impact fee not paid. The
penalty shall be added to the impact fee not paid and
assessed and collected at the same time and in the same
manner as the impact fee.
(d) Failure to electronically file.--
(1) A person that fails to electronically file any
report or other information the Department of Revenue may
direct to be filed electronically shall be subject to a
penalty of 5% of the impact fee due on the report, up to a
maximum of $1,000, but not less than $10. This penalty may be
assessed at any time and collected in the manner provided in
this chapter. This penalty shall be in addition to any
administrative penalty imposed under this chapter for failure
to furnish information or file a report.
(2) The criminal penalty for failure to file a report
electronically shall be the same as the criminal penalty for
failure to furnish information or file a report under this
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chapter.
(e) Fines and penalties payable to Department of Revenue.--
All fines and penalties imposed and collected under this chapter
shall be payable to the Commonwealth and appropriated to the
Department of Revenue to be used in carrying out its obligations
under this chapter.
Section 2. This act shall take effect in 60 days.
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