PRINTER'S NO. 3830
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2325
Session of
2015
INTRODUCED BY KAUFER, DRISCOLL, HARHART, BOBACK, TOOHIL, TAYLOR,
RADER, COOK-ARTIS, RAPP, DAVIS, NELSON, MURT, BAKER,
GINGRICH, KAUFFMAN, McNEILL, WARD, READSHAW AND STAATS,
SEPTEMBER 14, 2016
REFERRED TO COMMITTEE ON HUMAN SERVICES, SEPTEMBER 14, 2016
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 the regulation of pari-mutuel
thoroughbred horse racing and harness horse racing
activities, imposing certain taxes and providing for the
disposition of funds from pari-mutuel tickets; 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," providing for certified drug and alcohol
recovery houses.
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
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
as The Administrative Code of 1929, is amended by adding an
article to read:
ARTICLE XXIII-C
CERTIFIED DRUG AND ALCOHOL RECOVERY HOUSE
Section 2301-C. 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:
"Certified drug and alcohol recovery house." A group housing
arrangement that meets all of the following:
(1) Provides a transitional living situation that may be
utilized between residential treatment and independent living
in the community.
(2) Provides safe recovery environments recognizing
multiple pathways to recovery for individuals who are not
ready to live on their own but who are motivated in recovery
and can thrive in an environment providing limited structure.
(3) Requires residents to pay to live and cohabitate in
a family-like setting sharing common living areas and
supporting each other in the recovery process.
"Department." The Department of Drug and Alcohol Programs of
the Commonwealth.
"House administrator." The individual responsible for the
overall management of a certified drug and alcohol recovery
house, including the supervision of each resident and staff
employed by or volunteering for the certified drug and alcohol
recovery house.
Section 2302-C. Duties of department.
(a) Certification.--The department shall establish standards
for the purpose of developing and administering certification of
20160HB2325PN3830 - 2 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
drug and alcohol recovery houses that receive funds from a
Federal or State agency.
(b) Process.--The department shall establish a process to:
(1) Administer the application, certification,
recertification and disciplinary processes.
(2) Monitor and inspect certified drug and alcohol
recovery houses and the staff of certified drug and alcohol
recovery houses to ensure compliance with certification
requirements. The department may authorize single county
authorities to perform the actions under this paragraph.
(3) Establish application, inspection and annual
certification renewal fees.
(c) Documentation.--The department shall require drug and
alcohol recovery houses to submit the following documents with
the completed application and fee:
(1) A policy and procedures manual containing:
(i) Job descriptions for each staff position.
(ii) Drug testing procedures and requirements.
(iii) A prohibition on the premises against alcohol,
illegal drugs and the use of prescribed medications by an
individual other than the individual for whom the
medication is prescribed.
(iv) Policies to support a resident's recovery
efforts.
(v) A good neighbor policy to address neighborhood
concerns.
(vi) The maintenance of the property including
safety exits, the installation of smoke detectors and
fire extinguishers.
(2) Rules for residents.
20160HB2325PN3830 - 3 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
(3) Copies of each form provided to residents.
(4) Intake procedures.
(5) Relapse policy.
(6) Fee schedule.
(7) Refund policy.
(8) Eviction procedures and policy.
(9) Code of ethics.
(10) Proof of insurance requirements.
(11) Background screening requirements.
(12) Requirements for proof of satisfactory fire,
safety, and health inspections.
(d) Inspection.--The department, or a single county
authority, may conduct an onsite inspection of the drug and
alcohol recovery house before issuing a certificate of
compliance. Onsite follow up monitoring of a certified drug and
alcohol recovery house may be conducted to determine continuing
compliance with certification requirements.
(e) Criminal background checks.--The department shall
require all applicants, employees and volunteers of drug and
alcohol recovery houses to undergo criminal background checks.
The department shall deny the application of an applicant who
has been convicted of a criminal offense that occurred within
the past three years relating to the sale or possession of
drugs, narcotics or controlled substances.
(f) Certificate of compliance.--The department shall issue a
certificate of compliance upon approval of the application and
inspection. The certification shall automatically terminate if
not renewed within one year after the date of issuance.
(g) Denial, suspension or revocation.--The department shall
deny a drug and alcohol recovery house's application for
20160HB2325PN3830 - 4 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
certification and may suspend or revoke a certification if the
drug and alcohol recovery house:
(1) Is not in compliance with this article.
(2) Has failed to remedy a deficiency identified by the
department within the time period specified.
(3) Provided false, misleading or incomplete
information.
(4) Has delinquent State taxes.
(5) Has an employee or volunteer who has been convicted
of a criminal offense that occurred within the past three
years relating to the sale or possession of drugs, narcotics
or controlled substances or who are subject to the
disqualifying offenses under section 2304-C(b).
Section 2303-C. Advertisement.
It is unlawful for a person to advertise to the public a drug
and alcohol recovery house as a certified drug and alcohol
recovery house unless the drug and alcohol recovery house has
secured a certificate of compliance under this article.
Section 2304-C. Background checks.
(a) Requirement.--Each applicant for certification and
employee or volunteer of a drug and alcohol recovery house must
undergo a criminal background check. An applicant who applies to
the department for a certificate shall include a criminal
history record for every employee or volunteer at the drug and
alcohol recovery house.
(b) Disqualification.--
(1) A house administrator may not hire an applicant if
the individual's criminal history record information
indicates that the applicant has been convicted of one or
more of the following offenses under Title 18 (relating to
20160HB2325PN3830 - 5 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
crimes and offenses) or an equivalent crime under Federal law
or the law of another state:
(i) Chapter 25 (relating to criminal homicide).
(ii) Section 2702 (relating to aggravated assault).
(iii) Section 2709.1 (relating to stalking).
(iv) Section 2901 (relating to kidnapping).
(v) Section 2902 (relating to unlawful restraint).
(vi) Section 3121 (relating to rape).
(vii) Section 3122.1 (relating to statutory sexual
assault).
(viii) Section 3123 (relating to involuntary deviate
sexual intercourse).
(ix) Section 3124.1 (relating to sexual assault).
(x) Section 3125 (relating to aggravated indecent
assault).
(xi) Section 3126 (relating to indecent assault).
(xii) Section 3127 (relating to indecent exposure).
(xiii) Section 4302 (relating to incest).
(xiv) Section 4303 (relating to concealing death of
child).
(xv) Section 4304 (relating to endangering welfare
of children).
(xvi) Section 4305 (relating to dealing in infant
children).
(xvii) A felony offense under section 5902(b)
(relating to prostitution and related offenses).
(xviii) Section 5903(c) or (d) (relating to obscene
and other sexual materials and performances).
(xix) Section 6301 (relating to corruption of
minors).
20160HB2325PN3830 - 6 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
(xx) Section 6312 (relating to sexual abuse of
children).
(2) The attempt, solicitation or conspiracy to commit
any of the offenses under paragraph (1).
(c) The Controlled Substance, Drug, Device and Cosmetic
Act.--The department may not issue a certificate nor shall a
volunteer or employee be hired if the criminal history record
information indicates there has been a conviction of a felony
offense under the act of April 14, 1972 (P.L.233, No.64), known
as The Controlled Substance, Drug, Device and Cosmetic Act,
committed within the three-year period immediately preceding
verification under this section.
(d) Effect on certification.--The department shall refuse to
issue or renew a certificate or shall revoke a certificate if
the applicant for certification, employee or volunteer of the
certified drug and alcohol recovery house has been convicted of
an offense enumerated under subsection (b).
Section 2305-C. House administrator.
(a) Competency.--Each certified drug and alcohol recovery
house shall employ a house administrator who has the competency
necessary to respond to the needs of residents and maintain
property standards.
(b) Establishment.--The department shall establish the
following in regard to a house administrator:
(1) Standards and criteria for the purpose of developing
and administering certification.
(2) Core competencies, certification requirements,
testing instruments and recertification requirements.
(3) A process to administer the certification,
application, award and maintenance processes.
20160HB2325PN3830 - 7 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
(4) Minimum requirements of training, work experience,
supervision and a disciplinary process of certified persons.
(5) Application, certification and annual certification
renewal fees.
(c) Background checks.--Certified house administrators must
pass a criminal background check as provided under section 2304-
C.
(d) Termination.--Certification shall automatically
terminate if not renewed within one year after the date of
issuance.
(e) Ineligibility.--An individual whose criminal history
record information indicates that the individual has been
convicted of one or more of the disqualifying offenses under
section 2304-C(b)(1) shall be ineligible to become a house
administrator.
(f) Advertisement.--It shall be unlawful for an individual
to advertise himself or herself to the public as a certified
house administrator unless the individual has secured a
certificate of compliance under this section. An individual who
violates this subsection commits a misdemeanor of the second
degree.
Section 2306-C. Standards.
(a) Contents.--The standards developed by the department
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 certified drug and
alcohol recovery house rules, residency requirements and
lease agreements.
(2) Policies and procedures for the establishment and
20160HB2325PN3830 - 8 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
maintenance of an accounting system that fully documents each
financial transaction, including each financial transaction
of each resident.
(3) Policies and procedures addressing the safety and
protection of each resident 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 and the grounds in
which the certified drug and alcohol recovery house is
located, including, but not limited to, safety exits, the
installation of functioning smoke detectors and fire
extinguishers.
(8) General safety and emergency procedures including
provisions for fire drills and the evacuation and transfer of
residents and staff to a safe location and assignments of
staff during emergencies and notifying the department during
an emergency.
(9) Procedures, including referral agreements, to handle
relapse.
(b) (Reserved).
Section 2307-C. Code of ethics.
The department shall establish a code of ethics for certified
alcohol and drug recovery houses that must be a condition of
employment. The code of ethics shall address but not be limited
to:
20160HB2325PN3830 - 9 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
(1) The confidentiality of client-identifying
information.
(2) Knowledge of how to access treatment resources in
the community, including knowledge of the single county
authority and its assessment and referral protocol.
(3) Maintaining an alcohol-free and illicit drug-free
environment.
(4) Prohibiting ethical conflicts including the payment,
solicitation or receipt of a commission, bonus or rebate or
engagement in a split-fee arrangement.
Section 2308-C. Registry.
The department shall create and maintain a registry of each
certified drug and alcohol recovery house within this
Commonwealth. Providers of drug and alcohol treatment programs
and public agencies which provide drug and alcohol treatment
services may only refer clients to a certified drug and alcohol
recovery house.
Section 2309-C. Compliance with other laws.
In order to receive and maintain certification, each drug and
alcohol recovery house must be in compliance with Federal, State
and local laws. Failure to comply or remain in compliance shall
result in loss of certification and removal from the registry.
Section 2310-C. Funding.
A drug and alcohol recovery house may not receive funding
from the department or a State agency without certification.
Section 2311-C. Violations.
If the department determines a drug and alcohol recovery
house is not in compliance with this article, the department may
impose an administrative penalty of up to $1,000 per day against
a drug and alcohol recovery house that operates in violation of
20160HB2325PN3830 - 10 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
this article.
Section 2312-C. Certified Drug and Alcohol Recovery House Fund
Account.
The Certified Drug and Alcohol Recovery House Fund Account is
established as a restricted account in the State Treasury. Each
fine and fee collected under this article shall be deposited
into the account. Funds in the account shall be utilized for the
enforcement of this article.
Section 2313-C. Regulations.
The department shall promulgate regulations to administer
this article.
Section 2. This act shall take effect in 60 days.
20160HB2325PN3830 - 11 -
1
2
3
4
5
6
7
8
9
10
11
12