Regular Session 2021-2022 Senate Bill 0166 P.N. 0150

PRINTER'S NO. 150

THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

No.

166

Session of

2021

INTRODUCED BY SCHWANK AND COMITTA, FEBRUARY 5, 2021

REFERRED TO STATE GOVERNMENT, FEBRUARY 5, 2021

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, further providing for department powers

and duties and establishing the Drug and Alcohol Facility

License Account; and making inconsistent repeals of certain

provisions of the Human Services Code.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Section 2301-A(9) of the act of April 9, 1929

(P.L.177, No.175), known as The Administrative Code of 1929, is

amended and the section is amended by adding subsections to

read:

Section 2301-A. Powers and duties.

(a) General rule.--The Department of Drug and Alcohol

Programs shall have the power and its duty shall be:

* * *

(9) [The department shall have the power to promulgate

the rules and regulations necessary to carry out the

provisions of this article.] In carrying out its functions

with regard to licensure and certification of drug and

alcohol treatment facilities and activities:

(i) To issue a license or certificate of compliance

without conducting an onsite inspection to any applicant

that, during the previous two years:

(A) Has held a license or certificate of

compliance continuously.

(B) Has not been issued a provisional license or

certificate of compliance.

(ii) Notwithstanding subparagraph (i), to conduct an

onsite inspection of at least 50% of the licensed and

certified facilities and activities each year and to

conduct an onsite inspection of every facility and

activity at least every two years.

(iii) To require payment of the following fees prior

to issuance of a license or certificate of compliance:

(A) A fee of $500 plus a $5 per person capacity

fee for issuance of a license or certificate of

compliance other than a provisional license or

provisional certificate of compliance, up to a

maximum aggregate total of $2,000.

(B) A fee of $250 plus a $5 per person capacity

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fee for issuance of a first provisional license or

first provisional certificate of compliance, up to a

maximum aggregate total of $1,750.

fee for issuance of a second provisional license or

second provisional certificate of compliance, up to a

maximum aggregate total of $2,000.

(D) A fee of $1,000 plus a $5 per person

capacity fee for issuance of a third provisional

license or third provisional certificate of

compliance, up to a maximum aggregate total of

$2,500.

(E) A fee of $2,000 plus a $5 per person

capacity fee for issuance of a fourth provisional

license or fourth provisional certificate of

compliance, up to a maximum aggregate total of

$3,500.

(b) Drug and Alcohol Facility License Account.--The Drug and

Alcohol Facility License Account is established as a restricted

account in the General Fund of the State Treasury from which the

Department of Drug and Alcohol Programs may expend money to

conduct its licensing and certification functions.

(1) The fees imposed under subsection (a)(9)(iii) shall

be increased every 10 years by the percentage, if any, by

which the Consumer Price Index for the most recent calendar

year exceeds the Consumer Price Index for All Urban

Consumers, published by the United States Department of Labor

for the calendar year 2021.

(2) For the purposes of this subsection, the Consumer

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Price Index for any calendar year shall mean the average of

the Consumer Price Index for All Urban Consumers, published

by the United States Department of Labor, as of the close of

the 12-month period ending on August 31 of each calendar

year.

(3) A fee increased under this subsection shall be

rounded to the nearest whole dollar.

(d) Regulations.--The Department of Drug and Alcohol

Programs shall have the power to promulgate the rules and

regulations necessary to carry out the provisions of this

article.

(e) Definitions.--As used in this section, the following

words and phrases shall have the meanings given to them in this

subsection unless the context clearly indicates otherwise:

"Certificate of compliance." A certificate which indicates

that the Department of Drug and Alcohol Programs has found a

drug and alcohol treatment activity, which is part of a licensed

health care facility, to be in full or substantial compliance

with standards established by the department.

"License." A certificate which indicates that the Department

of Drug and Alcohol Programs has found a freestanding treatment

facility to be in full or substantial compliance with standards

established by the department.

Section 2. Sections 1003, 1006 and 1009 of the act of June

13, 1967 (P.L.31, No.21), known as the Human Services Code, are

repealed insofar as they are inconsistent with the amendment of

section 2301-A(9) of the act.

Section 3. This act shall take effect in 180 days.

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