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PRINTER'S NO. 2129
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1488
Session of
2015
INTRODUCED BY DAVIS, SCHREIBER, V. BROWN, READSHAW, McNEILL,
ACOSTA, THOMAS, HARHAI, COHEN, MURT, JAMES, ROZZI, GALLOWAY,
D. PARKER AND YOUNGBLOOD, AUGUST 21, 2015
REFERRED TO COMMITTEE ON HUMAN SERVICES, AUGUST 21, 2015
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; 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
definitions, for duties of department, for funding, for
certification, for registry, for violations, for restricted
account, for compliance with other laws and for task force.
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
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sections to read:
Section 2302-A. Definitions.
The following words and phrases when used in this article
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Department." The Department of Drug and Alcohol Programs of
the Commonwealth.
"Drug and alcohol recovery house." A safe and supportive,
alcohol-free and drug-free environment where residents in
recovery from alcohol or other drug addiction live together as a
community. This definition shall also apply to residences
described as sober houses, transitional houses or houses where
there are residents in recovery from alcohol or other drug
addiction.
Section 2303-A. Duties of department.
(a) Development of standards.--As follows:
(1) The department shall develop standards and criteria
for certification of drug and alcohol recovery houses that
receive funds from the department or Federal or other State
agency, to ensure that the houses provide a safe environment
for residents and for the surrounding community.
(2) The department shall develop levels of standards and
criteria corresponding to the levels of support and services
provided by the drug and alcohol houses.
(b) Standards.--The standards shall address the following
areas and shall include, but not be limited to:
(1) Policies and procedures to ensure that, upon
admission, residents are informed of all house rules,
residency requirements and any lease agreements.
(2) Policies and procedures for the establishment and
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maintenance of an accounting system that fully documents all
financial transactions including those of the residents.
(3) Policies and procedures addressing the safety and
protection of residents and the community.
(4) Policies that promote recovery by requiring resident
participation in treatment, self-help groups or other
recovery supports.
(5) Policies requiring abstinence from alcohol and other
drugs.
(6) Procedures regarding appropriate use and security of
medication.
(7) The maintenance of the property in which the drug
and alcohol recovery house is located, including, but not
limited to, the installation of functioning smoke detectors
and fire extinguishers.
Section 2304-A. Funding.
A drug and alcohol or other recovery house shall not receive
funding from the department or any State agency without
certification.
Section 2305-A. Certification.
(a) Time period.--Certification shall last for a period of
three years.
(b) Compliance of existing houses.--Drug and alcohol
recovery houses in existence on the effective date of this
section may be deemed certified by the department if they
provide documentation to the department providing proof they are
in compliance with the regulations promulgated by the
department.
(c) Fee.--The department shall establish a fee to be paid by
each drug and alcohol recovery house adequate to carry out the
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provisions of this article.
Section 2306-A. Registry.
The department shall create and maintain a registry of all
certified drug and alcohol recovery houses within this
Commonwealth. Providers of drug and alcohol treatment programs,
as well as any public agencies which provide such services,
shall refer clients only to drug and alcohol recovery houses
certified by the department.
Section 2307-A. Violations.
A person owning a drug and alcohol recovery house that is
funded, all or in part, with funding from the department,
Federal or other State agency, has failed to attain or maintain
certification of a drug and alcohol recovery house and has not
been certified by the department shall pay a fine of $1,000 for
each violation.
Section 2308-A. Restricted account.
All fines and fees collected shall be deposited into a
restricted account in the department known as the Drug and
Alcohol Recovery House Fund. Funds in this account are to be
utilized for the enforcement of this article.
Section 2309-A. Compliance with other laws.
In order to receive and maintain certification, all drug and
alcohol recovery houses must be in compliance with all Federal,
State and local ordinances. Failure to comply or remain in
compliance shall result in loss of certification and removal
from the registry.
Section 2310-A. Task force.
(a) General rule.--The department shall convene a task force
to make recommendations to the department regarding standards
and criteria for certification of drug and alcohol recovery
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houses.
(b) Members.--The task force shall include the following
members:
(1) The Secretary of Drug and Alcohol Programs or his
designee.
(2) A representative from the Pennsylvania Board of
Probation and Parole.
(3) Three individuals representing directors of county
drug and alcohol services.
(4) Two individuals representing providers of drug and
alcohol treatment facilities.
(5) Two individuals representing drug and alcohol
recovery houses in this Commonwealth.
Section 2. This act shall take effect as follows:
(1) The addition of section 2303-A of the act shall take
effect in 90 days.
(2) This section shall take effect immediately.
(3) The remainder of this act shall take effect in 120
days.
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