PRINTER'S NO. 367
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
355
Session of
2017
INTRODUCED BY DAVIS, McNEILL, NEILSON, GALLOWAY, READSHAW,
ROZZI, DeLUCA, DONATUCCI, V. BROWN, WATSON, DEAN, KORTZ,
M. QUINN, THOMAS, SCHWEYER, KRUEGER-BRANEKY AND SOLOMON,
FEBRUARY 6, 2017
REFERRED TO COMMITTEE ON HUMAN SERVICES, FEBRUARY 6, 2017
AN ACT
Providing for the certification of recovery residences and
recovery residence administrators and for the establishment
of the State Board of Recovery Residences and its powers and
duties; and imposing penalties.
TABLE OF CONTENTS
Chapter 1. Preliminary Provisions
Section 101. Short title.
Section 102. Findings and declarations.
Section 103. Legislative intent.
Section 104. Definitions.
Chapter 3. State Board of Recovery Residences
Section 301. Creation of board.
Section 302. Composition of board.
Section 303. Appointment and confirmation of members.
Section 304. Term of membership and vacancies.
Section 305. Expenses of members.
Section 306. Meetings of board.
Section 307. Attendance at meetings.
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Section 308. Powers and duties of board generally.
Chapter 5. General Procedures
Section 501. Fees regarding recovery residence.
Section 502. Documentation.
Section 503. Management of recovery residence.
Section 504. Inspections.
Section 505. Background screening.
Section 506. Certificate of compliance.
Section 507. Suspension or revocation of certification.
Section 508. Removal for certain offenses committed.
Section 509. Advertisement.
Chapter 7. Recovery Residence Administrators
Section 701. Notice of removal.
Section 702. Successor administrator.
Section 703. Certification.
Section 704. Background screening.
Section 705. Certificate of compliance.
Section 706. Suspension or revocation of certification.
Section 707. Removal for certain offenses committed.
Section 708. Advertisement.
Section 709. Active management.
Section 710. Qualifications.
Chapter 9. Administration
Section 901. Exemption from disqualification.
Section 902. Lists and publication.
Section 903. Licensure process and fees.
Section 904. Referrals.
Section 905. Purpose of fees and fines.
Section 906. Regulations.
Chapter 11. Miscellaneous Provisions
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Section 1101. Effective date.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
CHAPTER 1
PRELIMINARY PROVISIONS
Section 101. Short title.
This act shall be known and may be cited as the Certified
Recovery Residence Act.
Section 102. Findings and declarations.
The General Assembly finds and declares as follows:
(1) A person suffering from addiction has a higher
success rate of achieving long-lasting sobriety when given
the opportunity to build a stronger foundation by living in a
recovery residence after completing treatment.
(2) The Commonwealth has a legitimate State interest in
protecting persons suffering from addiction, who represent a
vulnerable consumer population in need of adequate housing.
Section 103. Legislative intent.
It is the intent of the General Assembly to ensure that
recovery residences provide a safe environment for residents and
the surrounding community.
Section 104. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Board." The State Board of Recovery Residences established
under this act.
"Bureau." The Bureau of Professional and Occupational
Affairs in the department.
"Certificate of compliance." A certificate that is issued by
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the board to a recovery residence or a recovery residence
administrator.
"Certified recovery residence." A recovery residence that
holds a valid certificate of compliance and is actively managed
by a certified recovery residence administrator.
"Certified recovery residence administrator." A recovery
residence administrator who holds a valid certificate of
compliance.
"Commissioner." The commissioner of the bureau.
"Department." The Department of State of the Commonwealth.
"Director." The chief administrative or executive officer of
a service provider or recovery residence.
"Recovery residence." A residential dwelling unit or other
form of group housing that is offered or advertised through any
means, including oral, written, electronic or printed means, by
any person or entity as a residence that provides a peer-
supported, alcohol-free and drug-free living environment. The
term shall include a residence described as a sober house or a
house where there are residents in recovery from alcohol or
other drug addiction.
"Recovery residence administrator." The person responsible
for overall management of the recovery residence, including, but
not limited to, the supervision of residents and staff employed
by or volunteering for the residence.
CHAPTER 3
STATE BOARD OF RECOVERY RESIDENCES
Section 301. Creation of board.
The State Board of Recovery Residences is established within
the bureau.
Section 302. Composition of board.
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The board shall consist of the following members, all of whom
shall be residents of this Commonwealth:
(1) The commissioner, who shall serve as an ex officio
member of the board.
(2) The Secretary of Drug and Alcohol Programs or a
designee.
(3) The Secretary of Human Services or a designee.
(4) The Secretary of Health or a designee.
(5) A law enforcement official.
(6) An individual representing providers of drug and
alcohol treatment facilities.
(7) An individual representing drug and alcohol recovery
residences in this Commonwealth. At the time of appointment,
the individual need not be certified but must have satisfied
eligibility requirements for certification under this act.
(8) A certified codes official.
(9) A public member.
Section 303. Appointment and confirmation of members.
By and with the advice and consent of the Senate, the
Governor shall appoint the individuals under section 302(5),
(6), (7), (8) and (9) to the board.
Section 304. Term of membership and vacancies.
(a) Term.--The term of office for each member of the board
listed under section 302(5), (6), (7), (8) and (9) shall be
three years. If the member dies or resigns or is otherwise
disqualified during the term of office, a successor shall be
appointed in the same manner and with the same qualifications as
the predecessor. The successor shall hold office for the
remainder of the unexpired term.
(b) Reappointment.--A member of the board listed under
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section 302(5), (6), (7), (8) and (9) shall be eligible for
reappointment, but a member shall not be appointed to serve more
than two consecutive terms.
Section 305. Expenses of members.
A member of the board may not receive compensation for
services as a member of the board but shall be entitled to
reimbursement for all necessary and reasonable expenses incurred
in connection with the performance of the member's official
duties as a member of the board.
Section 306. Meetings of board.
(a) Timing of meetings.--The board shall meet at least four
times each year and, subject to the approval of the
commissioner, may hold additional meetings whenever necessary to
discharge its duties.
(b) Location of meetings.--The location of the meetings of
the board shall be determined by the board, subject to the
approval of the commissioner, but shall be within this
Commonwealth.
Section 307. Attendance at meetings.
A member of the board listed under section 302(5), (6), (7),
(8) and (9) who fails to attend three meetings in 18 months
shall forfeit the member's seat unless the commissioner, upon
written request from the member, finds that the member should be
excused from a meeting because of illness or death of a family
member.
Section 308. Powers and duties of board generally.
The board shall:
(1) Develop and administer a voluntary certification
program for recovery residences.
(2) Establish procedures to:
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(i) Administer the application, certification,
recertification and disciplinary processes.
(ii) Monitor and inspect a recovery residence and
its staff to ensure compliance with certification
requirements.
(iii) Interview and evaluate residents, employees
and volunteer staff on their knowledge and application of
certification requirements.
(3) Develop a code of ethics for recovery residence
administrators and the staff employed by or volunteering for
recovery residences.
(4) Establish application, inspection and annual
certification renewal fees in accordance with Chapter 5.
(5) Implement training and treatment protocols for
recovery residence administrators and the staff employed by
or volunteering for recovery residences regarding the
administration of medication or other antidotes such as
Narcan used to counter the effects of opioid or other drug
overdose during a drug overdose event to a patient if
requested by the patient or otherwise deemed medically
appropriate. For purposes of this paragraph, the following
shall apply:
(i) The term "drug overdose event" means an acute
medical condition, including, but not limited to, severe
physical illness, coma, mania, hysteria or imminent death
that is the result of consumption or use of one or more
controlled substances causing an adverse reaction.
(ii) A patient's condition shall be deemed a drug
overdose if a prudent layperson possessing an average
knowledge of medicine and health would reasonably believe
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that the condition is a drug overdose and requires
immediate medical attention.
CHAPTER 5
GENERAL PROCEDURES
Section 501. Fees regarding recovery residence.
(a) Application fee.--An application fee to establish a
recovery residence shall not exceed $100.
(b) Inspection fee.--An onsite inspection fee may be
assessed on a recovery residence. The fee shall reflect the
actual costs for the inspection.
(c) Renewal fee.--The annual certification renewal fee for a
recovery residence shall not exceed $100.
Section 502. Documentation.
The board shall require each recovery residence to submit the
following with the completed application and fee:
(1) A policy and procedures manual containing:
(i) Job descriptions for all staff positions.
(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 and complaints.
(2) Rules for residents.
(3) Copies of all forms provided to residents.
(4) Intake procedures.
(5) A sexual predator and sexual offender registry
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compliance policy.
(6) A relapse policy.
(7) A fee schedule.
(8) A refund policy.
(9) Eviction procedures and policies.
(10) A code of ethics.
(11) Proof of insurance.
(12) Proof of background screening.
(13) Fire, safety and health policies, along with proof
of any satisfactory fire, safety and health inspections.
(14) Any other information that the board requires.
Section 503. Management of recovery residence.
(a) Requirement.--The board shall require a certified
recovery residence to be actively managed by a certified
recovery residence administrator.
(b) Application.--Each application for certification must
include the name of the certified recovery residence
administrator who will be actively managing the applicant
recovery residence.
Section 504. Inspections.
(a) Inspection after application.--Upon receiving a complete
application, the board shall conduct, or cause to be conducted,
an onsite inspection of the recovery residence.
(b) Ongoing monitoring.--The board shall conduct, or cause
to be conducted, onsite follow-up monitoring of a certified
recovery residence to determine continuing compliance with
certification requirements. The board shall inspect each
certified recovery residence at least annually to ensure
compliance.
(c) Fine for noncompliance.--A certified recovery residence
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that is found to be noncompliant shall be fined as determined by
the board.
Section 505. Background screening.
(a) Requirement.--Each owner, director and chief financial
officer of an applicant recovery residence shall be subject to
background screening.
(b) Costs.--The costs associated with background screening
under this section shall be the responsibility of the individual
screened.
(c) Notification of eligibility.--The board shall notify the
owner, director or chief financial officer of eligibility
regarding the operation of a recovery residence, based on the
results of the background screening.
(d) Denial.--Unless the department issues an exemption, a
recovery residence is ineligible for certification, and the
board shall deny a recovery residence's application, if an
owner, director or chief financial officer of the applicant
recovery residence has been found guilty of, or has entered a
plea of guilty or nolo contendere to, any of the following,
regardless of any adjudication:
(1) An offense designated as a felony or misdemeanor
under 18 Pa.C.S. (relating to crimes and offenses).
(2) An offense designated as a felony or misdemeanor
under the act of April 14, 1972 (P.L.233, No.64), known as
The Controlled Substance, Drug, Device and Cosmetic Act.
(3) Child abuse, as defined under 23 Pa.C.S. § 6303(b.1)
(relating to definitions).
(4) Any attempt, solicitation or conspiracy to commit an
offense under paragraph (1), (2) or (3).
Section 506. Certificate of compliance.
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(a) Issuance.--The board shall issue a certificate of
compliance upon approval of the recovery residence's application
and inspection.
(b) Annual renewal.--A certification shall automatically
terminate one year after issuance of a certificate of compliance
unless the certification is renewed.
Section 507. Suspension or revocation of certification.
(a) Discretionary suspension or revocation.--Except as
provided in subsection (b), the board may suspend or revoke the
certification of a certified recovery residence if the recovery
residence is not in compliance with any provision of this act or
has failed to remedy any deficiency identified by the board
within the time period specified.
(b) Mandatory revocation.--The board shall revoke the
certification of a certified recovery residence if the certified
recovery residence:
(1) Provides false or misleading information to the
board at any time.
(2) Fails to comply with section 508 or 707.
Section 508. Removal for certain offenses committed.
If an owner, director or chief financial officer of a
certified recovery residence is arrested for, has been found
guilty of or has entered a plea of guilty or nolo contendere to
an offense under section 505(d), regardless of any adjudication,
while acting in the official capacity as owner, director or
chief financial officer, the certified recovery residence shall
immediately remove the individual from that position and shall
notify the board within three business days after the removal.
Section 509. Advertisement.
(a) Prohibition.--A person may not advertise to the public,
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in any way or by any medium whatsoever, a recovery residence as
a certified recovery residence unless the recovery residence has
first secured a certificate of compliance under this act.
(b) Penalty.--A person who violates subsection (a) commits a
misdemeanor of the first degree and shall, upon conviction, be
sentenced to pay a fine of not more than $10,000 or to
imprisonment for not more than five years, or both.
CHAPTER 7
RECOVERY RESIDENCE ADMINISTRATORS
Section 701. Notice of removal.
A certified recovery residence shall notify the board within
three business days after the removal or permanent absence of
the recovery residence's certified recovery residence
administrator due to termination, resignation or another reason.
Section 702. Successor administrator.
A certified recovery residence shall retain a successor
certified recovery residence administrator within 30 days of the
removal or permanent absence of the previous administrator.
Section 703. Certification.
(a) Voluntary certification.--A recovery residence
administrator may voluntarily earn and maintain certification
from the board, to:
(1) Ensure that the administrator has the competencies
necessary to appropriately respond to the needs of residents.
(2) Maintain residence standards.
(3) Meet residence certification requirements.
(b) Duties of board.--The board shall:
(1) Develop and administer voluntary certification for
recovery residence administrators.
(2) Establish recovery residence administrator core
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competencies, certification requirements and recertification
requirements.
(3) Establish a process to administer the certification
application, award and maintenance processes.
(4) Develop and administer a code of ethics and
disciplinary process.
(5) Require adherence to a code of ethics and provide
for a disciplinary process that applies to certified persons.
(6) Establish application and certification fees and an
annual certification renewal fee, but:
(i) The application and certification fees shall not
exceed $225.
(ii) The annual certification renewal fee shall not
exceed $100.
Section 704. Background screening.
(a) Requirement.--Each recovery residence administrator
applicant shall be subject to background screening.
(b) Costs.--The costs associated with background screening
under this section shall be the responsibility of the recovery
residence administrator applicant.
(c) Notification of eligibility.--The board shall notify the
applicant of eligibility based on the results of the background
screening.
(d) Denial.--Unless the department issues an exemption, a
recovery residence administrator applicant is ineligible for
certification, and the board shall deny the application, if the
applicant has been found guilty of, or has entered a plea of
guilty or nolo contendere to, an offense under section 505(d),
regardless of any adjudication.
Section 705. Certificate of compliance.
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(a) Issuance.--The board shall issue a certificate of
compliance upon approval of the application of the recovery
residence administrator applicant.
(b) Annual renewal.--A certification shall automatically
terminate one year after issuance of a certificate of compliance
unless the certification is renewed.
Section 706. Suspension or revocation of certification.
The board shall revoke the certification of a certified
recovery residence administrator if the certified recovery
residence administrator provides false or misleading information
to the board at any time.
Section 707. Removal for certain offenses committed.
If a certified recovery residence administrator is arrested
for, has been found guilty of or has entered a plea of guilty or
nolo contendere to an offense under section 505(d), regardless
of any adjudication, while acting in the official capacity as a
certified recovery residence administrator, the recovery
residence shall immediately remove the individual from that
position, in which case the following shall apply:
(1) Section 701.
(2) Section 702.
Section 708. Advertisement.
(a) Prohibition.--An individual may not advertise to the
public, in any way or by any medium whatsoever, that the
individual is a certified recovery residence administrator
unless the individual has first secured a certificate of
compliance under this section.
(b) Penalty.--An individual who violates subsection (a)
commits a misdemeanor of the first degree and shall, upon
conviction, be sentenced to pay a fine of not more than $10,000
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or to imprisonment for not more than five years, or both.
Section 709. Active management.
A certified recovery residence administrator may actively
manage no more than three recovery residences at any given time.
Section 710. Qualifications.
The board shall establish qualifications for individuals
seeking to become a certified recovery residence administrator.
Qualifications may include criteria involving age, education,
professional experiences, training, moral character, sobriety
and other requirements deemed necessary by the board.
CHAPTER 9
ADMINISTRATION
Section 901. Exemption from disqualification.
(a) Purpose.--An exemption referenced in section 505(d) or
704(d) may be requested if a recovery residence determines that
the exemption will benefit the recovery residence.
(b) Written exemption.--A request for an exemption shall:
(1) Be submitted in writing to the board within 20 days
after the denial of certification by the board.
(2) Include a justification for the exemption.
(c) Grant of exemption.--Except as provided in subsection
(d), the board may exempt an individual from a disqualifying
offense under this act if at least three years have elapsed
since the individual completed or was lawfully released from
confinement, supervision or sanction for the disqualifying
offense.
(d) Denial of exemption.--An exemption from a disqualifying
offense under this act may not be given under any circumstance
for an individual who:
(1) is designated as a sexually violent predator under
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42 Pa.C.S. (relating to judiciary and judicial procedure);
(2) is required to register as a sexual offender under
42 Pa.C.S. Ch. 97 Subch. H (relating to registration of
sexual offenders), unless the individual has been removed
from the registry; or
(3) is an offender who has been found guilty of, or has
entered a plea of guilty or nolo contendere to, more than
three felony offenses under 18 Pa.C.S. (relating to crimes
and offenses) within the last 15 years.
Section 902. Lists and publication.
(a) Maintenance of lists.--The board shall maintain a list
of all certified recovery residences and recovery residence
administrators that hold a valid certificate of compliance.
(b) Publication.--Except as provided in subsection (c), the
department shall publish on its publicly accessible Internet
website a list of:
(1) All recovery residences that hold a valid
certificate of compliance.
(2) All recovery residence administrators who hold a
valid certificate of compliance.
(c) Exclusion from publication.--A recovery residence or
recovery residence administrator shall be excluded from
publication under subsection (b) upon written request to the
board by the recovery residence or recovery residence
administrator.
Section 903. Licensure process and fees.
(a) Departmental rules.--The department shall establish by
rule the licensure process to include fees and categories of
licenses.
(b) Licenses generally.--The department may issue a
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probationary, regular or interim license.
(c) Issuance.--After adopting the rule governing the
licensure process and fees, the department shall issue one
license for each service component that is operated by a service
provider.
(d) Required information.--A probationary or regular license
may be issued only after all required information has been
submitted.
(e) Nontransferability.--A license may not be transferred.
Section 904. Referrals.
(a) Certification necessary.--A licensed service provider
may not refer a current or discharged patient to a recovery
residence unless the recovery residence holds a valid
certificate of compliance and is actively managed by a certified
recovery residence administrator.
(b) Effect.--This section shall not require a licensed
service provider to refer a patient to a recovery residence.
(c) Penalty.--An agency or service provider that refers a
current or discharged patient to a noncertified recovery
residence:
(1) shall be ineligible to receive funds or grants from
the Commonwealth; and
(2) shall be fined as determined by the board.
(d) Definition.--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:
"Refer." Inform a patient by any means about the name,
address or other details of the recovery residence.
Section 905. Purpose of fees and fines.
Each fee and fine collected under this act shall be used to
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further the purposes of this act.
Section 906. Regulations.
The department shall promulgate regulations necessary to
implement the provisions of this act.
CHAPTER 11
MISCELLANEOUS PROVISIONS
Section 1101. Effective date.
This act shall take effect as follows:
(1) Section 904 shall take effect in one year.
(2) This section shall take effect immediately.
(3) The remainder of this act shall take effect in 60
days.
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