Regular Session 2023-2024 Senate Bill 0941 P.N. 1287

HOUSE AMENDED

PRIOR PRINTER'S NOS. 1118, 1148

PRINTER'S NO. 1287

THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

No.

941

Session of

2023

INTRODUCED BY BROOKS, YAW, TARTAGLIONE, KANE, BREWSTER, DILLON,

COSTA AND CAPPELLETTI, SEPTEMBER 28, 2023

AS AMENDED ON SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES,

DECEMBER 12, 2023

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

and providing for regulatory flexibility during opioid

epidemic.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Section 2301-A(7) 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 a paragraph to

read:

Section 2301-A. Powers and duties.

The Department of Drug and Alcohol Programs shall have the

power and its duty shall be:

* * *

(7) [To submit an annual report to the General Assembly

which shall specify the actions taken and services provided

and funds expended and an evaluation of their effectiveness.

The annual report shall also contain the current State plan.

The Department of Drug and Alcohol Programs shall submit such

additional reports as may be requested by the General

Assembly and recommendations to further the prevention,

treatment and control of drug and alcohol abuse and

dependence.] As follows:

(i) To submit an annual report to the General

Assembly which shall:

(A) Specify the actions taken, services provided

and funds expended, including an evaluation of their

effectiveness.

(B) Contain the current State plan.

evaluations by the Department of Drug and Alcohol

Programs of the information specified under paragraph

(8.2)(i).

(D) Specify the actions taken in accordance with

section 2303-A .

(ii) To submit additional reports as requested by

the General Assembly and recommendations to further the

prevention, treatment and control of drug and alcohol

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abuse and dependence.

* * *

(8.2) To support the following:

(i) Substance use disorder treatment providers and

their workforce by evaluating, on a quarterly basis:

(A) Barriers to entry into the workforce,

including years of experience in the field of

substance use disorder treatment, counseling, therapy

or other functions beyond the qualifications

specified under 28 Pa. Code Ch. 704 (relating to

staffing requirements for drug and alcohol treatment

activities).

(B) Efforts to address the barriers specified

under clause (A).

(ii) Individuals in recovery seeking to work in the

field of addiction treatment and recovery as provided in

paragraph (1)(xiv).

* * *

Section 2. The act is amended by adding a section to read:

Section 2303-A. Regulatory flexibility during opioid epidemic.

(a) Suspension.--The following regulations are suspended

during an opioid epidemic, as provided under subsection (c):

(1) 28 Pa. Code § 704.7(b)(1) (relating to

qualifications for the position of counselor) insofar as the

regulation precludes an individual licensed in this

Commonwealth as any of the following from serving as a

counselor:

(i) A certified registered nurse practitioner under

the act of May 22, 1951 (P.L.317, No.69), known as The

Professional Nursing Law.

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(ii) A physician assistant under the act of October

5, 1978 (P.L.1109, No.261), known as the Osteopathic

Medical Practice Act, or the act of December 20, 1985

(P.L.457, No.112), known as the Medical Practice Act of

1985.

(2) 28 Pa. Code § 704.7(b)(3), (4) and (5) insofar as

the regulation requires a counselor to have a certain amount

of years of clinical experience in a health or human service

agency, if the counselor meets the postsecondary degree

requirements specified under 28 Pa. Code § 704.7(b)(3), (4)

or (5).

(3) 28 Pa. Code § 704.8(a) (relating to qualifications

for the position of counselor assistant) insofar as the

regulation prohibits a counselor supervisor or counselor to

supervise more than one counselor assistant. In such a case,

the counselor supervisor or counselor may not supervise more

than three counselor assistants.

(4) 28 Pa. Code § 704.12(a)(1) (relating to full-time

equivalent (FTE) maximum client/staff and client/counselor

ratios) insofar as the regulation prohibits:

(i) One full-time equivalent primary care staff

person to be available for every 10 clients during

primary care hours.

(ii) An individual licensed in this Commonwealth as

any of the following from fulfilling the on-call

physician requirement:

(A) A certified registered nurse practitioner

under The Professional Nursing Law.

(B) A physician assistant under the Osteopathic

Medical Practice Act or the Medical Practice Act of

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1985.

(5) 28 Pa. Code § 704.12(a)(3)(i) insofar as the

regulation prohibits one full-time equivalent counselor to be

available for every 12 adult clients.

(6) 28 Pa. Code § 704.12(a)(6) insofar as the regulation

prohibits one full-time equivalent counselor caseload from

exceeding 50 active clients who have been in treatment for

fewer than two years. Each client who has been in treatment

for two years or more shall not count toward the outpatient

caseload per counselor.

(7) (6) 28 Pa. Code § 704.12(d) insofar as the

regulation prohibits the suspension of regulations under

this subsection.

(8) 28 Pa. Code § 715.8(1)(vi) (relating to psychosocial

staffing) insofar as the regulation prohibits one full-time

equivalent counselor caseload from exceeding 50 active

clients who have been in treatment for fewer than two years.

Each client who has been in treatment for two years or more

shall not count toward the outpatient caseload per counselor.

(b) Notification.--A project director shall notify the

Department of Drug and Alcohol Programs in writing or by email

of the intent to utilize the regulatory flexibility under this

section.

(1) This section shall apply during the existence of an

opioid epidemic. For purposes of this section, an opioid

epidemic shall be deemed to exist beginning on the effective

date of this section.

(2) This section shall not apply when an opioid epidemic

does not exist.

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(3) Except for the opioid epidemic deemed to exist

beginning on the effective date of this section, the

Secretary of Drug and Alcohol Programs shall, upon

determining that an opioid epidemic does or does not exist,

transmit notice to the Legislative Reference Bureau for

publication in the next available issue of the Pennsylvania

Bulletin. The periods of applicability of this section shall

begin or end upon publication of the notice in the

Pennsylvania Bulletin.

(d) 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:

"Opioid epidemic." A public health crisis in which illicit

opioid use and abuse results in more than 1,000 confirmed

overdose deaths from an opioid in a calendar year over at least

three consecutive years in this Commonwealth, as the number of

deaths are reported by the Department of Health in the Coroner

and Medical Examiner Onboarding and Drug Overdose Death Monthly

Surveillance Report.

"Project director." The administrator of the treatment

project who is responsible for the overall management of the

project and staff and who meets the education and experience

requirements under 28 Pa. Code Ch. 704 (relating to staffing

requirements for drug and alcohol treatment activities).

Section 3. This act shall take effect immediately.

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