HOUSE AMENDED
PRIOR PRINTER'S NOS. 307, 450, 1905, PRINTER'S NO. 2135
2104, 2124
No. 293 Session of 1985
INTRODUCED BY RHOADES, FISHER, HELFRICK, SHAFFER, ANDREZESKI,
LINCOLN, ROCKS, PETERSON, STAPLETON AND KRATZER,
FEBRUARY 4, 1985
AS AMENDED ON THIRD CONSIDERATION, HOUSE OF REPRESENTATIVES,
MAY 6, 1986
AN ACT
1 Amending the act of April 9, 1929 (P.L.177, No.175), entitled
2 "An act providing for and reorganizing the conduct of the
3 executive and administrative work of the Commonwealth by the
4 Executive Department thereof and the administrative
5 departments, boards, commissions, and officers thereof,
6 including the boards of trustees of State Normal Schools, or
7 Teachers Colleges; abolishing, creating, reorganizing or
8 authorizing the reorganization of certain administrative
9 departments, boards, and commissions; defining the powers and
10 duties of the Governor and other executive and administrative
11 officers, and of the several administrative departments,
12 boards, commissions, and officers; fixing the salaries of the
13 Governor, Lieutenant Governor, and certain other executive
14 and administrative officers; providing for the appointment of
15 certain administrative officers, and of all deputies and
16 other assistants and employes in certain departments, boards,
17 and commissions; and prescribing the manner in which the
18 number and compensation of the deputies and all other
19 assistants and employes of certain departments, boards and
20 commissions shall be determined," RESTRICTING THE OPERATIONS <--
21 OF CERTAIN UNITS AT VARIOUS STATE HOSPITALS; PROVIDING FOR <--
22 ALTERNATE SECURITY FOR PERFORMANCE OF CONTRACTS; AND further
23 providing for leases on certain areas of State forests <--
24 MINIMUM STAFFING LEVELS AT STATE MENTAL INSTITUTIONS MENTAL <--
25 HOSPITALS; AND IMPOSING RESTRICTIONS ON RELINQUISHMENT. <--
26 The General Assembly of the Commonwealth of Pennsylvania
27 hereby enacts as follows:
1 Section 1. Section 1903-A(1) of the act of April 9, 1929 <--
2 (P.L.177, No.175), known as The Administrative Code of 1929,
3 amended February 17, 1972 (P.L.70, No.23), is amended to read:
4 Section 1903-A. Forest Powers; Lease of Small Areas of State
5 Forests.--The Department of Environmental Resources shall have
6 the power:
7 (1) To lease, for a period not exceeding ten years, on such
8 terms and conditions as it may consider reasonable, to any
9 person, corporation, association, church organization, or school
10 board, of Pennsylvania, such portion of any State forest,
11 whether owned or leased by the Commonwealth, as the department
12 may deem suitable, as a site for buildings and facilities to be
13 used by such person, corporation, association, church
14 organization, or school board for health and recreation, or as a
15 site for a church or school purposes: Provided, however, That
16 the department may, with the approval of the Governor, if a
17 substantial capital investment is involved and if it is deemed
18 in the best interests of the Commonwealth, enter into such
19 leases for a period not to exceed thirty-five years. The
20 department shall not terminate the lease of a person whose cabin
21 has been destroyed or seriously damaged by vandalism or by fire,
22 storm, flood or other natural causes and shall permit the
23 rebuilding of such cabin.
24 * * *
25 Section 2. This act shall take effect immediately.
26 SECTION 1. SECTION 2313 OF THE ACT OF APRIL 9, 1929 <--
27 (P.L.177, NO.175), KNOWN AS THE ADMINISTRATIVE CODE OF 1929, IS
28 AMENDED BY ADDING A CLAUSE TO READ:
29 SECTION 2313. MENTAL HEALTH.--THE DEPARTMENT OF PUBLIC
30 WELFARE SHALL HAVE THE POWER AND ITS DUTY SHALL BE:
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1 * * *
2 (C) AS OF JUNE 1, 1986, ALL SERVICES PROVIDED AT
3 PHILADELPHIA STATE HOSPITAL TO MENTALLY ILL PERSONS CHARGED WITH
4 OR CONVICTED OF A CRIMINAL OFFENSE SHALL BE TERMINATED AND ALL
5 SUCH PERSONS SHALL BE MOVED TO OTHER FACILITIES. THEREAFTER,
6 PERSONS CHARGED WITH OR CONVICTED OF A CRIMINAL OFFENSE SHALL
7 NOT BE HOUSED OR PROVIDED SERVICE AT PHILADELPHIA STATE
8 HOSPITAL.
9 SECTION 2. SECTION 2409(J) AND (K) OF THE ACT, AMENDED <--
10 DECEMBER 19, 1980 (P.L.1333, NO.244), ARE AMENDED AND THE
11 SECTION IS AMENDED BY ADDING A SUBSECTION TO READ:
12 SECTION 2409. METHOD OF AWARDING CONTRACTS FOR STATIONERY,
13 PAPER, FUEL, REPAIRS, FURNISHINGS, AND SUPPLIES.--* * *
14 (J) EXCEPT AS HEREINAFTER PROVIDED, NO PROPOSAL FOR ANY
15 CONTRACT SHALL BE CONSIDERED UNLESS SUCH PROPOSAL IS ACCOMPANIED
16 BY A CERTIFIED OR BANK CHECK, TO THE ORDER OF THE STATE
17 TREASURER, IN ONE-FOURTH THE AMOUNT OF THE ESTIMATED CONTRACT,
18 OR BY A BOND OR ALTERNATE SECURITY IN SUCH FORM AND AMOUNT AS
19 MAY BE PRESCRIBED BY THE DEPARTMENT. ANY SUCH BOND OR ALTERNATE
20 SECURITY SHALL BE CONDITIONED FOR THE FAITHFUL PERFORMANCE OF
21 THE TERMS OF THE CONTRACT, IF AWARDED, AND SHALL HAVE AS SURETY
22 ONE SURETY COMPANY AUTHORIZED TO ACT AS SURETY IN THIS
23 COMMONWEALTH, OR TWO INDIVIDUAL SURETIES APPROVED BY THE
24 DEPARTMENT OF JUSTICE.
25 (J.1) IN LIEU OF A BOND TO SECURE A BIDDER'S PERFORMANCE,
26 THE DEPARTMENT IN ITS DISCRETION MAY ACCEPT AS A SUBSTITUTE
27 THEREFOR ALTERNATE SECURITY IN THE FORM OF AN ASSIGNMENT OF TIME
28 CERTIFICATES OF DEPOSIT OF BANKS LICENSED BY THE COMMONWEALTH,
29 SECURITIES OF OR THOSE GUARANTEED BY THE UNITED STATES OF
30 AMERICA, THE COMMONWEALTH AND ITS POLITICAL SUBDIVISIONS, OR
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1 SHARES OF SAVINGS AND LOAN INSTITUTIONS AUTHORIZED TO TRANSACT
2 BUSINESS IN THIS COMMONWEALTH. IN THE EVENT SUCH ALTERNATE
3 SECURITY IS ACCEPTED, THE BIDDER SHALL BE ENTITLED TO ALL
4 INTEREST OR INCOME EARNED ON SUCH SECURITY AND ALL SUCH SECURITY
5 SHALL BE RETURNED TO THE BIDDER BY THE DEPARTMENT WITHIN SIXTY
6 DAYS AFTER PERFORMANCE.
7 (K) A BIDDER, WHO SHALL HAVE ACCOMPANIED HIS PROPOSAL WITH A
8 CERTIFIED OR BANK CHECK AS AFORESAID, AND TO WHOM A CONTRACT
9 SHALL HAVE BEEN AWARDED, MAY, WITHIN TEN DAYS AFTER SUCH AWARD,
10 SUBSTITUTE FOR SAID CHECK A BOND OR ALTERNATE SECURITY AS HEREIN
11 PRESCRIBED, OTHERWISE SAID CHECK SHALL BE RETAINED IN LIEU OF A
12 BOND.
13 * * *
14 SECTION 1 2 3. THE ACT OF APRIL 9, 1929 (P.L.177, NO.175), <--
15 KNOWN AS THE ADMINISTRATIVE CODE OF 1929, IS AMENDED BY ADDING
16 SECTIONS A SECTION TO READ: <--
17 SECTION 2313.1. MINIMUM NUMBER OF TREATMENT PERSONNEL FOR
18 STATE MENTAL INSTITUTIONS MENTAL HOSPITALS.--NOTWITHSTANDING ANY <--
19 PROVISION OF LAW TO THE CONTRARY, THE MINIMUM NUMBER OF
20 TREATMENT PERSONNEL AND STAFF PER TWO HUNDRED FIFTY PATIENTS
21 SHALL BE AS FOLLOWS:
22 CLASSIFICATION OR POSITION NUMBER OF PERSONNEL
23 PER 250 PATIENTS
24 UNIT DIRECTOR 1
25 PSYCHIATRIST WITH AT LEAST THREE
26 YEARS RESIDENCY TRAINING IN PSYCHIATRY 2
27 LICENSED MEDICAL PHYSICIANS 4
28 REGISTERED NURSES 12
29 LICENSED PRACTICAL NURSES 6
30 AIDE, LEVEL III 6
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1 AIDE, LEVEL II 16
2 AIDE, LEVEL I 70
3 HOSPITAL ORDERLY 10
4 MEDICAL RECORDS ADMINISTRATOR 1
5 MEDICAL RECORDS ASSISTANT 2
6 CLERK STENOGRAPHER II 3
7 CLERK TYPIST II 3
8 UNIT ADMINISTRATOR 1
9 ADMINISTRATIVE CLERK 1
10 PSYCHOLOGIST WITH A DOCTORAL DEGREE
11 FROM AN ACCREDITED PROGRAM 1
12 PSYCHOLOGIST WITH A MASTER'S DEGREE
13 FROM AN ACCREDITED PROGRAM 1
14 PSYCHOLOGIST WITH A BACHELOR'S DEGREE
15 FROM AN ACCREDITED PROGRAM 2
16 SOCIAL WORKER WITH A MASTER'S DEGREE
17 FROM AN ACCREDITED PROGRAM 2
18 SOCIAL WORKER WITH A BACHELOR'S DEGREE
19 FROM AN ACCREDITED PROGRAM 5
20 PATIENT ACTIVITY THERAPIST WITH A MASTER'S
21 DEGREE FROM AN ACCREDITED PROGRAM 1
22 PATIENT ACTIVITY AIDE 10
23 MENTAL HEALTH TECHNICIAN 10
24 LICENSED PODIATRIST 1
25 LICENSED DENTIST 2
26 DENTAL HYGIENIST 1
27 CHAPLAIN 5
28 PLANNING, EDUCATIONAL AND
29 DEVELOPMENT WORKER 2
30 VOCATIONAL REHABILITATION COUNSELOR 1
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1 VOLUNTEER REHABILITATION COUNSELOR 1
2 MENTAL HEALTH FIELD REPRESENTATIVE 1
3 DIETITIAN 1
4 FOOD SERVICE SUPERVISOR 1
5 COOK, LEVEL II 2
6 COOK, LEVEL I 3
7 FOOD SERVICE WORKER 15
8 VEHICLE DRIVER 1
9 HOUSEKEEPER 15
10 MESSENGER 1
11 MAINTENANCE REPAIRMAN 4
12 SECTION 2313.2. RESTRICTIONS ON RELINQUISHMENT.--THE
13 COMMONWEALTH SHALL NOT RELINQUISH CONTROL OVER ANY STATE GENERAL
14 HOSPITAL FOR TWO YEARS FROM THE EFFECTIVE DATE OF THIS SECTION.
15 THE <--
16 (A) THE MINIMUM NUMBER OF FULL-TIME TREATMENT AND SUPPORT <--
17 PERSONNEL FOR THE MENTALLY ILL AND RETARDED IN STATE MENTAL <--
18 HOSPITALS SHALL BE THE NUMBER OF FUNDED POSITIONS AS OF JULY 1,
19 1985, AT EACH STATE MENTAL HOSPITAL. <--
20 (B) PERSONNEL HIRED AFTER THE EFFECTIVE DATE OF THIS ACT TO <--
21 MEET THE REQUIREMENTS OF SUBSECTION (A) SHALL BE ASSIGNED TO
22 PROVIDE FOLLOW-UP CARE TO PERSONS DISCHARGED FROM STATE MENTAL
23 HOSPITALS.
24 SECTION 2 3 4. THIS ACT SHALL TAKE EFFECT IMMEDIATELY. <--
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