PRINTER'S NO. 1205
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
938
Session of
2021
INTRODUCED BY BROOKS, NOVEMBER 5, 2021
REFERRED TO HEALTH AND HUMAN SERVICES, NOVEMBER 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 powers and
duties.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 2301-A of the act of April 9, 1929
(P.L.177, No.175), known as The Administrative Code of 1929, is
amended by adding a paragraph to read:
Section 2301-A. Powers and duties.
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The Department of Drug and Alcohol Programs shall have the
power and its duty shall be:
* * *
(8.2) As follows:
(i) To promulgate regulations for the following that
affect licensed drug and alcohol treatment providers:
(A) The implementation of new or additional
licensing requirements for drug and alcohol
facilities.
(B) The implementation of new or additional drug
and alcohol staff credentialing requirements.
(C) The implementation of new or additional drug
and alcohol counselor staffing ratios.
(D) The implementation of new or major
programmatic changes and requirements imposed on drug
and alcohol facilities, including the requirement of
adding programs that significantly increase the cost
of delivering care and meeting staffing requirements.
(ii) Notwithstanding subparagraph (i), to promulgate
any proposed regulatory requirement not currently in
effect or for any regulatory requirement that has been
delayed by the General Assembly through legislation. The
Department of Drug and Alcohol Programs shall provide for
the promulgation of regulations pursuant to all
procedures for publication, notice and comment and other
regulatory review required for administrative regulations
provided by the laws of this Commonwealth.
(iii) Nothing in this paragraph shall preclude the
Department of Drug and Alcohol Programs from implementing
the established American Society of Addiction Medicine
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criteria for drug and alcohol treatment providers.
* * *
Section 2. This act shall take effect in 30 days or December
31, 2021, whichever is later.
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