Regular Session 2017-2018 House Bill 0122 P.N. 4104

SENATE AMENDED

PRIOR PRINTER'S NOS. 351, 2744

PRINTER'S NO. 4104

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

122

Session of

2017

INTRODUCED BY KAUFER, READSHAW, FEE, DRISCOLL, TAYLOR, MURT,

RADER, DAVIS, MULLERY, NELSON, McNEILL, LONGIETTI, WATSON,

BOBACK, SIMMONS, SAYLOR, CUTLER, COOK, ROZZI, GALLOWAY, KORTZ

AND BARBIN, FEBRUARY 6, 2017

SENATOR BAKER, HEALTH AND HUMAN SERVICES, IN SENATE, AS AMENDED,

SEPTEMBER 26, 2018

AN ACT

Amending the act of April 14, 1972 (P.L.221, No.63), entitled,

as amended, "An act establishing the Pennsylvania Advisory

Council on Drug and Alcohol Abuse; imposing duties on the

Department of Health to develop and coordinate the

implementation of a comprehensive health, education and

rehabilitation program for the prevention and treatment of

drug and alcohol abuse and drug and alcohol dependence;

providing for emergency medical treatment; providing for

treatment and rehabilitation alternatives to the criminal

process for drug and alcohol dependence; and making repeals,"

establishing the Project Lazarus Commission.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. The act of April 14, 1972 (P.L.221, No.63), known

as the Pennsylvania Drug and Alcohol Abuse Control Act, is

amended by adding a section to read:

Section 3.1. Project Lazarus Commission.--(a) The Project

Lazarus Commission is established.

(b) The commission shall review and make recommendations

related to a best practice model for a comprehensive, community-

based effort to consolidate overdose prevention efforts for

counties in this Commonwealth as provided under this section.

(1) The commission shall consist of the following members:

(i) The chairman and minority chairman of the Public Health

and Welfare HUMAN SERVICES Committee of the Senate or the

chairmen's designees, the chairman and minority chairman of the

Health Committee of the House of Representatives or the

chairmen's designees and the chairman and minority chairman of

the Human Services Committee of the House of Representatives or

the chairmen's designees.

(ii) Two legislators from each of the four legislative

caucuses, to be appointed as follows:

(A) two members shall be appointed by the Majority Leader of

the Senate;

(B) two members shall be appointed by the Minority Leader of

the Senate;

the House of Representatives; and

(D) two members shall be appointed by the Minority Leader of

the House of Representatives.

(iii) The Secretary of the Drug and Alcohol Programs or a

designee.

(iv) The Secretary of Health or a designee.

(V) THE SECRETARY OF HUMAN SERVICES OR A DESIGNEE.

(v) (VI) An individual appointed by the Governor from within

the Governor's administration.

(2) The commission shall appoint a member to serve as

chairman of the commission.

(d) The commission shall hold its first meeting within

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forty-five days of the effective date of this section,

notwithstanding whether the Governor or all legislative caucuses

have approved members to the commission.

(e) The commission shall hold meetings at the call of the

chairman.

(f) Legislative appointees to the commission under

subsection (c)(i) and (ii) may not receive compensation for the

member's services, but shall be reimbursed for all necessary

travel and other reasonable expenses incurred in connection with

the performance of the appointee's duties. Members appointed to

the commission under subsection (c)(iii), (iv) or (v) shall not

be compensated for their service as members of the commission

but may be reimbursed for expenses necessarily incurred in the

discharge of their official duties in accordance with

Commonwealth policy in effect for agencies under the

jurisdiction of the Governor.

(g) The General Assembly shall provide administrative

support, meeting space and any other assistance required by the

commission to carry out the commission's duties under this

section in cooperation with the Department of Drug and Alcohol

Programs. The Department of Drug and Alcohol Programs, in

consultation with the department, shall provide the commission

with data, research and other information upon request by the

commission.

(h) The commission shall develop a best practice model and

identify factors to help counties establish or build existing

comprehensive community-based programs to prevent prescription

medication and opioid poisonings, present responsible pain

management and promote substance abuse treatment and support

services. The factors identified under this subsection may

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include all of the following:

(1) Community education about the dangers of misusing and

abusing prescription opioids.

(2) Provider education to improve the treatment of chronic

pain and the treatment of mental illness, addiction and pain.

(3) Hospital education policies to encourage safe

prescribing of controlled substances and provide meaningful

referrals for chronic pain and addiction.

(4) Diversion control to reduce the amount of prescribed

unused medicines existing in our society.

(5) Improvement of patient support so patients and

caregivers can safely manage chronic pain.

(6) Harm reduction to help people who do abuse opioids to

prevent overdose deaths with the antidote naloxone.

(7) Addiction treatment to help find effective treatment for

those who are ready to recover.

(i) The commission shall have the following powers and

duties:

(1) Review and make findings and recommendations related to

a best practice model for counties to use in this Commonwealth.

(2) Consult with and utilize experts to assist the

commission in carrying out the duties under this subsection.

(3) Receive input from interested parties, including, but

not limited to, health directors, school superintendents,

district attorneys, sheriffs, police chiefs, directors of

substance abuse treatment facilities and behavioral health

services and hospital and practitioner leaders.

(4) Hold public hearings in different regions of this

Commonwealth.

(5) Review and consider the Project Lazarus model utilized

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in other states.

(6) In identifying the best practice model factors under

subsection (h) and in completing the report required under this

subsection, consider the impact the factors may have on the

Commonwealth's Medicaid authority, schools, Commonwealth public

health and mental health agencies, community organizers, local

government, hospitals and law enforcement agencies.

(7) Review and make recommendations about expanding access

to effective forms of substance abuse treatment, data collection

and monitoring efforts, the distribution of naloxone to help

prevent overdose fatalities, modifying hospital emergency

department policies on dispensing pain medicines, support groups

for pain patients and one-on-one education of physicians on

managing chronic pain.

(8) Develop a best practice model and factors under

subsection (h).

(9) Draft proposed regulations and proposed legislation

based on the commission's findings.

(10) Issue a report of the commission's findings and

recommendations to the Governor, the President pro tempore of

the Senate, the Majority Leader and Minority Leader of the

Senate, the Publi c Health and Welfare HUMAN SERVICES Committee

of the Senate, the Speaker of the House of Representatives, the

Majority Leader and Minority Leader of the House of

Representatives, the Health Committee of the House of

Representatives, the Human Services Committee of the House of

Representatives, the Secretary of Health and the Secretary of

Drug and Alcohol Programs not later than one year after the

effective date of this section.

Section 2. This act shall take effect immediately.

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