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PRINTER'S NO. 1652
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1358
Session of
2019
INTRODUCED BY BENNINGHOFF, BARRAR, BERNSTINE, T. DAVIS, DeLUCA,
HEFFLEY, HERSHEY, KAUFER, KIRKLAND, McCLINTON, MILLARD, MURT,
NEILSON, NELSON, RYAN, SIMMONS, STRUZZI AND ZIMMERMAN,
MAY 1, 2019
REFERRED TO COMMITTEE ON HUMAN SERVICES, MAY 1, 2019
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; providing for judicial administration; 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 powers and duties of the Department of Drug
and Alcohol Programs, providing for medication-assisted
treatment.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The act of April 9, 1929 (P.L.177, No.175), known
as The Administrative Code of 1929, is amended by adding a
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section to read:
Section 2302-A. Medication-assisted treatment.
(a) Rules and regulations.--The Department of Drug and
Alcohol Programs, in consultation with the Department of Health
and the Department of Human Services, shall promulgate rules and
regulations for medication-assisted treatment. The rules and
regulations shall include a requirement that if a patient
receives medication-assisted treatment from a prescriber, the
patient shall enroll at a facility licensed by the Department of
Drug and Alcohol Programs for counseling as follows:
(1) An average of 2.5 hours of psychotherapy per month
during a patient's first two years of medication-assisted
treatment, one hour of which shall be individual
psychotherapy. Additional psychotherapy may be provided as
dictated by ongoing assessment of a patient.
(2) At least one hour per month of group or individual
psychotherapy during the third and fourth year of medication-
assisted treatment. Additional psychotherapy may be provided
as dictated by ongoing assessment of a patient.
(3) After four years of medication-assisted treatment,
at least one hour of group or individual psychotherapy every
two months. Additional psychotherapy may be provided as
dictated by ongoing assessment of a patient.
(4) A prescriber shall document the counseling in the
medical record of a patient.
(b) Reduction and removal plan.--A patient receiving
medication-assisted treatment shall be provided with a plan for
gradual reduction and eventual removal from medication-assisted
treatment. The prescriber shall document the plan in the
patient's medical record. The Department of Drug and Alcohol
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Programs may create a process for a waiver of the requirement
under this subsection in cases where the patient is not a
candidate for a reduction and removal plan, as determined by the
prescriber.
(c) Penalties.--The Department of Drug and Alcohol Programs
shall impose an administrative penalty on a prescriber for a
violation of the rules and regulations under subsection (a) as
follows:
(1) For a first violation, $1,000.
(2) For a second violation, $3,000.
(3) For a third violation, the Department of Drug and
Alcohol Programs shall notify the prescriber's licensure
board of the violation and the licensure board shall review
the violation for consideration as unprofessional conduct by
the prescriber.
(d) Emergency-certified regulations.--The regulations
required under subsection (a) may be promulgated as emergency-
certified regulations under section 6(d) of the act of June 25,
1982 (P.L.633, No.181), known as the Regulatory Review Act.
(e) Definitions.--The following words and phrases when used
in this section shall have the meanings given to them in this
subsection unless the context clearly indicates otherwise:
"Counseling." Individualized psychotherapy services provided
by a facility licensed by the Department of Drug and Alcohol
Programs that are clinically appropriate for each patient.
"Medication-assisted treatment." The use of medication for
the treatment of a substance use disorder. The term shall
include, but not be limited to, office-based addiction
treatment.
"Prescriber." An individual who is licensed, registered or
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otherwise lawfully authorized to distribute, dispense or
administer a controlled substance, other drug or device in the
course of professional practice or research in this
Commonwealth, including an individual operating under a waiver
to practice opioid dependency treatment with approved
buprenorphine medications under the Controlled Substances Act
(Public Law 91-513, 84 Stat. 1236). The term does not include a
veterinarian.
Section 2. This act shall take effect in 60 days.
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