PRINTER'S NO. 1464
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
970
Session of
2020
INTRODUCED BY BROWNE, MASTRIANO, LANGERHOLC, AUMENT, MARTIN,
PITTMAN, VOGEL, PHILLIPS-HILL, REGAN AND YUDICHAK,
JANUARY 24, 2020
REFERRED TO HEALTH AND HUMAN SERVICES, JANUARY 24, 2020
AN ACT
Amending the act of June 13, 1967 (P.L.31, No.21), entitled "An
act to consolidate, editorially revise, and codify the public
welfare laws of the Commonwealth," providing for Department
of Health and Human Services; transferring powers and duties
of the Department of Health and the Department of Human
Services to the Department of Health and Human Services;
making related repeals; and making editorial changes.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The definitions of "department" and "secretary"
in section 102 of the act of June 13, 1967 (P.L.31, No.21),
known as the Human Services Code, are amended to read:
Section 102. Definitions.--Subject to additional definitions
contained in subsequent articles of this act, the following
words when used in this act shall have, unless the context
clearly indicates otherwise, the meanings given them in this
section:
"Department" means the Department of Health and Human
Services of this Commonwealth.
"Secretary" means the Secretary of Health and Human Services
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of this Commonwealth.
Section 2. Article II heading of the act is amended to read:
ARTICLE II
GENERAL POWERS AND DUTIES
OF THE DEPARTMENT OF [PUBLIC WELFARE]
HEALTH AND HUMAN SERVICES
Section 3. The act is amended by adding an article to read:
ARTICLE II-A
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Section 201-A. Purpose and legislative intent.
(a) Purpose.--It is the purpose of this article to more
effectively address the collaboration and service delivery of
health and human services which are of vital importance to this
Commonwealth by coordinating the services provided by the former
Department of Health and the former Department of Human Services
and establishing one agency to administer the services.
(b) Intent.--In adopting this article to coordinate the
provision of health and human services, it is the intent of the
General Assembly to continue to promote and improve the
efficient and effective delivery of health and human services.
Section 202-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:
"Domestic violence." The occurrence of one or more of the
following acts between family or household members, sexual or
intimate partners or persons who share biological parenthood:
(1) Intentionally, knowingly or recklessly causing or
attempting to cause bodily injury.
(2) Placing, by physical menace, another in fear of
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imminent serious bodily injury.
"Domestic violence center." An organization, or the
coordinating body of an organization, which has as its primary
purpose the operation of domestic violence programs.
"Domestic violence program." A program which has as its
primary purpose the provision of direct services to victims of
domestic violence and their children, including, but not limited
to, victim advocacy, counseling, shelter, information and
referral, victim-witness and assistance, accompaniment,
community education and prevention.
"Rape crisis center." An organization, or the coordinating
body of an organization, which has as its primary purpose the
operation of rape crisis programs.
"Rape crisis program." A program which has as its primary
purpose the provision of direct services to victims of sexual
assault, including, but not limited to, crisis intervention,
counseling, victim advocacy, information and referral, victim-
witness and assistance, accompaniment through the medical,
police and judicial systems and the provision of education and
prevention programs on rape and sexual assaults.
"Sexual assault." Conduct which is a crime under 18 Pa.C.S.
Ch. 31 (relating to sexual offenses).
Section 203-A. Administration.
(a) Continuation.--The department shall, except as provided
in this article, exercise the powers and perform the duties by
law vested in and imposed on the former Department of Health,
the former Department of Human Services and the former
Department of Public Welfare.
(b) Powers and duties.--In addition to other powers and
duties under this article or other law, the department shall:
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(1) Administer and enforce the laws of this Commonwealth
relating to the following:
(i) Mental health, intellectual disability and
autism.
(ii) The care, prevention, early recognition and
treatment of mental illness, emotional disturbance,
intellectual disability and autism.
(iii) The licensing and regulation of facilities and
agencies with the primary functions of diagnosis,
treatment, care and rehabilitation of individuals with
mental illness, emotional disturbance, intellectual
disability or autism.
(iv) The admission of individuals with mental
illness, intellectual disability or autism to facilities
under subparagraph (iii) and the transfer, discharge,
escape, interstate rendition and deportation of the
individuals.
(v) The licensing, certification and regulation of:
(A) health care facilities; and
(B) medical marijuana organizations.
(vi) The certification and regulation of:
(A) laboratories;
(B) emergency medical services providers; and
(C) managed care organizations.
(vii) The issuance and enforcement of disease
control measures, including isolation orders and
quarantine orders.
(viii) The issuance of grants and contracts to aid
in the prevention and control of the spread of disease
and to ensure the health and welfare of the residents of
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this Commonwealth.
(ix) The collection, compilation and preservation of
vital statistics of the residents of this Commonwealth.
(2) Protect the health of the people of this
Commonwealth and determine and employ the most efficient and
practical means for the prevention and suppression of
disease.
(3) Prevent, respond to and reduce the public health and
medical consequences of an emergency or a disaster.
(4) Promulgate rules and regulations necessary to carry
out this article.
(c) Physician General.--There shall be within the department
a Physician General. The Physician General shall be appointed by
the Governor by and with the advice and consent of a majority of
the members elected to the Senate. The department shall provide
adequate staff and other support to the Physician General as
needed. The Physician General must be a graduate of an
accredited medical or osteopathic medical school and must be a
practicing physician licensed by the Commonwealth. The Physician
General shall serve at the pleasure of the Governor. The salary
and other conditions of employment for the Physician General
shall be set by the Executive Board. The Physician General has
the following powers and duties:
(1) Advise the Governor and the secretary on health
policy.
(2) Participate in the decision-making process of the
department on policies relating to medical and public-health-
related issues and in the decision-making process of other
executive branch agencies as directed by the Governor.
(3) Review professional standards and practices in
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medicine and public health which are related to matters
within the jurisdiction of the department and other executive
branch agencies.
(4) Consult with recognized experts on medical and
public health matters which are within the jurisdiction of
the department and other executive branch agencies.
(5) Provide advice on medical and public health issues
to the secretary and to other agencies.
(6) Coordinate educational, informational and other
programs for the promotion of wellness, public health and
related medical issues in this Commonwealth and serve as the
primary advocate for the programs.
(7) Consult with experts in this Commonwealth and other
jurisdictions regarding medical research, innovation and
development which relate to programs and issues of importance
to the department and the Commonwealth.
(8) Perform other duties as directed by the Governor.
(9) Serve as an ex officio member of the State Board of
Medicine, the State Board of Osteopathic Medicine and other
Commonwealth boards and commissions as may be provided by
law. The Physician General may provide a designee to serve in
the Physician General's stead.
Section 204-A. Residential substance use disorder treatment
programs for women and children.
(a) Grants and contracts.--The department shall award grants
or enter into contracts to provide residential substance use
disorder treatment and related services for pregnant women,
women and their dependent children and women who do not have
custody of their children if there is a reasonable likelihood
that the children will be returned to the women if the women
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participate satisfactorily in the treatment program. Grant or
contract money shall only be used for treatment and related
services provided to residents of this Commonwealth by providers
of substance use disorder treatment programs licensed by the
department that provide the following:
(1) Residential treatment services for women and their
dependent children, subject to reasonable limitations on the
number and ages of the children, including:
(i) Onsite substance use disorder education,
counseling and treatment.
(ii) Onsite individual, group and family counseling.
(iii) Onsite substance use disorder prevention and
education activities for children.
(iv) Onsite special counseling for children of women
with substance use disorders.
(v) Involvement with support groups for women and
children of women with substance use disorders.
(vi) Activities that enhance self-esteem and self-
sufficiency.
(2) Onsite parenting skills counseling and training.
(3) Access to school for children and women where
appropriate, including securing documents necessary for
registration.
(4) Job counseling and referral to existing job training
programs.
(5) Onsite child care for children of women who:
(i) attend counseling, school or job training
programs;
(ii) work or are looking for work; and
(iii) need the services at other times as the
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department deems appropriate.
(6) Referral for other needed services, including, but
not limited to, health care.
(7) Onsite structured reentry counseling and activities.
(8) Referral to outpatient counseling upon discharge
from the residential program.
(b) Information to single county authorities.--The
department shall advise a single county authority of those
programs in its jurisdiction that are being considered for
funding under this section and shall give the single county
authority an opportunity to comment on the funding proposals
prior to the department making a decision to award funding.
(c) Information to be provided to department.--
(1) Providers of treatment programs that receive funding
under this section shall collect and provide to the
department information concerning the number of women and
children denied treatment or placed on waiting lists and may
require other data and information as the department deems
useful in determining the effectiveness of the treatment
programs.
(2) Records regarding identifiable individuals enrolled
in treatment programs funded under this section that are in
the possession of the department or a provider shall be
confidential.
(d) Limitation.--Contributions by counties or single county
authorities shall not be required as a condition for receiving
grants for programs funded under this section, but the
department may require counties or single county authorities to
make commitments to provide outpatient intervention, referral
and aftercare services to women whose residential treatment is
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funded under this section upon completion of residential
treatment.
(e) Annual report required.--The department shall report
annually to the Governor and the General Assembly as to all of
the following:
(1) The department's activities and expenditures under
this section.
(2) The activities of recipients of funds under this
section.
(3) The number of women and children served by programs
funded under this section.
(4) The number of women and children denied treatment or
placed on waiting lists by providers that receive funding for
programs under this section.
(5) The recommendations of the department.
Section 205-A. Staff training and referral mechanisms.
The department shall:
(1) Establish, on a demonstration basis, programs to
train the staff of child protective services agencies,
counseling programs and shelters for victims of domestic
violence, recipients of funds under high-risk maternity
programs or Federal maternal and child health care grants and
community health care centers in order to identify those
women for whom these agencies are already providing services
and who are in need of substance use disorder treatment.
(2) Establish referral networks and mechanisms among the
agencies referred to in paragraph (1) and single county
authorities and appropriate substance use disorder treatment
programs.
Section 206-A. Medical assistance payments.
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(a) Purpose.--The following shall apply:
(1) The purpose of this section is to provide for
alcohol and drug detoxification and rehabilitation services
to persons eligible for medical assistance.
(2) Facilities serving as appropriate treatment settings
shall include the following if they are licensed by the
Department of Drug and Alcohol Programs:
(i) hospital and nonhospital drug detoxification and
rehabilitation facilities;
(ii) hospital and nonhospital alcohol detoxification
and rehabilitation facilities;
(iii) hospital and nonhospital drug and alcohol
detoxification and rehabilitation facilities; and
(iv) outpatient services.
(3) The General Assembly recognizes that the fluctuating
nature of substance use disorder, in combination with the
associated physical complications often arising from long-
term substance use, requires the availability of a variety of
treatment modalities and settings for individuals eligible
for medical assistance. The availability of a new service in
this area is in no way intended to limit access to or funding
of services currently available.
(b) Responsibilities of the department.--The department
shall:
(1) Provide to individuals eligible for medical
assistance, if the facility is licensed by the Department of
Drug and Alcohol Programs, medical assistance coverage for
detoxification, treatment and care in:
(i) a nonhospital alcohol detoxification facility;
(ii) a nonhospital drug detoxification facility;
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(iii) a nonhospital alcohol and drug detoxification
facility; or
(iv) a nonhospital treatment facility that can
provide services for drug or alcohol detoxification or
treatment, or both.
(2) Use criteria adopted by the Department of Drug and
Alcohol Programs for governing the type, level and length of
care or treatment, including hospital detoxification, as a
basis for the development of standards for services provided
under paragraph (1).
Section 207-A. Public health.
(a) General rule.--The department shall have the following
powers and duties:
(1) Protect the health of the residents of this
Commonwealth and determine and employ the most efficient and
practical means for the prevention and suppression of
disease.
(2) As follows:
(i) Investigate conditions affecting the security of
life and health, in any locality and, for that purpose,
enter, inspect and survey all grounds, vehicles,
apartments, buildings and other places within this
Commonwealth.
(ii) All persons authorized by the department to
conduct the activities under subparagraph (i) shall have
the powers and authority conferred by law upon
constables.
(3) Administer the health laws, regulations and
ordinances of a borough or a township if:
(i) the department determines that a condition
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exists in the borough or township that is a menace to the
lives and health of residents of the borough or township
or of surrounding municipalities;
(ii) the department has knowledge that the borough
or township is without an existing or efficient board of
health, until a competent and efficient board of health,
as determined by the department, has been appointed and
is ready, able and willing to assume and carry out the
duties imposed upon it by law; or
(iii) the borough or township requests the
department to do so.
(4) Recover from a borough or township all expenses
incurred by the department in performing the duties of a
board of health of the borough or township under paragraph
(3)(ii).
(5) Prescribe standard requirements for the medical
examination of public school students and public schools
throughout this Commonwealth and to appoint appropriate
inspectors for this purpose.
(6) Train, in appropriate facilities, qualified
Commonwealth, county and municipal employees in the field of
public health work.
(7) Designate the Health Care Policy Board to
adjudicate, in accordance with 2 Pa.C.S. (relating to
administrative law and procedure), appeals from any final
order, decision, decree, determination or ruling of the
department made under Chapters 7 and 8 of the act of July 19,
1979 (P.L.130, No.48), known as the Health Care Facilities
Act. The department shall promulgate regulations establishing
appeal procedures to be followed. Until such time as final
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regulations have been promulgated, procedures set forth in 1
Pa. Code Pt. II (relating to general rules of administrative
practice and procedure) and 37 Pa. Code Ch. 197 (relating to
practice and procedure) shall be followed for these appeals.
An appeal filed with the Health Care Policy Board from any
final order, decision, decree, determination or ruling of the
department relating to licensure shall not act as a
supersedeas but, upon good cause shown, and where the
circumstances require it, the department or the board, or
both, shall have the power to grant a supersedeas.
(b) Public health laboratory.--
(1) The department shall maintain and operate a public
health laboratory that shall assure the availability of
reliable clinical laboratory services and laboratory-based
information that are needed by health providers for proper
diagnosis and treatment, prevention of disease and promotion
of the health of the residents of this Commonwealth.
(2) The public health laboratory maintained and operated
under paragraph (1) shall:
(i) arrange for or perform clinical tests to
identify diseases, including, but not limited to, rabies,
measles, rubella, Lyme disease, influenza and
tuberculosis; and
(ii) provide epidemiological and surveillance
support.
(c) Dental health districts.--
(1) The department shall apportion this Commonwealth
into dental health districts administered by a public health
dentist within the department.
(2) The public health dentist administering a dental
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health district under paragraph (1) shall implement dental
health policies and programs.
(d) Abatement of detrimental conditions.--The department may
order conditions detrimental to the public health or the causes
of disease and mortality to be abated and removed and to enforce
quarantine orders. The following shall apply:
(1) If the owner or occupant of a premises subject to an
order of the department under this subsection fails to comply
with the order, agents or employees of the department may
enter the premises and abate or remove the condition.
(2) The expense of the abatement or removal under
paragraph (1) shall be paid by the owner or occupant of the
premises subject to the order. The following shall apply:
(i) The expense shall be a lien upon the land on
which the condition existed, for which a claim may be
filed by the department, in the name of the Commonwealth,
in the court of common pleas for the county in which the
land is located.
(ii) A claim under subparagraph (i) must be filed
within six months from the date of completion of the work
of abatement or removal, subject to the same proceedings
for entry or revival of judgment and execution as are
provided by law for municipal liens.
(3) The department may maintain an action against an
owner or occupant, in the name of the Commonwealth, to
recover expenses related to abatement under paragraph (1) in
the same way as debts of like amounts are recoverable by law.
(4) Expenses recovered under this section by enforcement
of a lien or by other action shall be paid to the State
Treasurer, to be held and used as funds of the department.
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(5) This subsection shall not apply to waters pumped or
flowing from coal mines or tanneries.
(e) Revocation or modification of action by a local board of
health.--The department may revoke or modify an order,
regulation, bylaw or ordinance of a local board of health,
concerning a matter which the department has determined affects
the public health beyond the territory over which the local
board has jurisdiction.
(f) Civil penalty.--
(1) The department may impose a civil penalty on a
person that fails to comply with an order issued by the
department under this section or that resists or interferes
with an agent or employee of the department in the
performance of the agent's or employee's duties in accordance
with the public health regulations and orders of the
department.
(2) A penalty under paragraph (1) shall be no more than
$1,000 for the first offense, no more than $2,000 for the
second offense and no more than $5,000 for each subsequent
offense.
(g) Controlled substances.--The department shall have the
power and duty to carry out those powers and duties conferred
upon the former Secretary of Health and the former Department of
Health under the act of April 14, 1972 (P.L.233, No.64), known
as The Controlled Substance, Drug, Device and Cosmetic Act.
Notwithstanding any provision of The Controlled Substance, Drug,
Device and Cosmetic Act, loperamide hydrochloride is expressly
deemed not to be a controlled substance within the meaning of
section 4 of The Controlled Substance, Drug, Device and Cosmetic
Act.
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Section 208-A. Newborn testing.
(a) General rule--The department shall permit a laboratory
certified under the Clinical Laboratories Improvement Act of
1967 (Public Law 90-174, 81 Stat. 533) that is licensed to
perform screening testing of newborn infants in any state and
uses normal pediatric reference ranges to conduct the analysis
required by section 4(a) of the act of September 9, 1965
(P.L.497, No.251), known as the Newborn Child Testing Act, as an
alternative to the testing laboratory designated by the
department in accordance with section 5 of the Newborn Child
Testing Act.
(b) Testing requirements.--The testing performed by the
laboratory under subsection (a) shall include testing for
newborn diseases as required by law or regulation and shall
provide test results and reports consistent with appropriate
policies, procedures, laws and regulations of the department.
(c) Blood samples.--A testing laboratory designated by the
department or permitted as an alternative under this section may
not use or provide blood samples for scientific research without
the informed written consent of the parent or guardian of the
child.
Section 209-A. Recovery of blood plasma proteins.
The department shall have the power and duty to:
(1) Maintain facilities, or contract with facilities,
for the recovery of outdated human whole blood and blood from
which the cells of certain proteins useful for immunization,
treatment, research and disaster stock-piling purposes have
been withdrawn.
(2) Make available to research institutions, physicians
and hospitals, upon request, blood plasma proteins for
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research, immunization and treatment.
(3) Maintain facilities for the proper storage of blood
proteins for disaster purposes.
(4) Adopt standards for the efficient execution of a
blood plasma protein recovery program.
(5) Develop and employ the necessary procedures and
perform actions necessary to carry out the purposes of this
section.
(6) Collect and dispense money received from any source,
by gift or otherwise, for the purpose of carrying out the
provisions of this section.
Section 210-A. Vital statistics.
The department shall have the power and duty to:
(1) Obtain, collect, compile and preserve all statistics
from all professionals whose information is deemed to be
necessary to ensure a complete registration of births,
deaths, marriages and diseases occurring within this
Commonwealth or other vital statistics.
(2) Prepare the necessary methods, forms and blanks for
obtaining and preserving records of births, deaths, marriages
and diseases in this Commonwealth.
(3) Ensure that the laws requiring the registration of
births, deaths, marriages and diseases are uniformly and
thoroughly enforced throughout this Commonwealth, including
the prompt provision of registrations to the department.
(4) With the advice and concurrence of the Advisory
Health Board, promulgate regulations for the thorough
organization and efficiency of the registration of vital
statistics throughout this Commonwealth, and enforce
regulations.
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(5) Issue birth and death certificates and burial or
removal permits as provided by law.
(6) Establish districts for the registration of vital
statistics and appoint registrars, deputies and sub-
registrars, as may be necessary, to obtain, collect, compile
and preserve the statistics which the department is required
to obtain, collect, compile and preserve. All local
registrars, deputies and sub-registrars, appointed under this
paragraph, shall perform the duties required of them by the
department and shall receive compensation as may be fixed by
law.
Section 211-A. Health districts and officers.
The department may:
(1) Apportion this Commonwealth into health districts as
the department, with the approval of the Governor, decides.
(2) Appoint a health officer in each health district,
who shall:
(i) Under the direction of the department, handle
matters as delegated by law or by the secretary.
(ii) In connection with the management of the
sanitary affairs of the Commonwealth, cooperate with the
Department of Environmental Protection and with the
Department of Conservation and Natural Resources.
Section 212-A. Quarantine.
The department shall have the power and duty to:
(1) In addition to diseases that may be declared by law
to be communicable, declare a disease to be communicable with
the approval of the Advisory Health Board and establish
regulations for the prevention of the spread of communicable
diseases as the department and the Advisory Health Board deem
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necessary and appropriate.
(2) Issue and enforce an isolation and quarantine order
to prevent the spread of a disease declared by law or by the
department to be a communicable disease.
(3) Administer and enforce the laws of this Commonwealth
with regard to vaccination and other means of preventing the
spread of a communicable disease.
Section 213-A. Narcotic drugs.
The department shall have the power and duty to supervise the
enforcement and administration of laws regulating the
possession, control, dealing in, giving away, delivery,
dispensing, administering, prescribing and use of narcotic
drugs.
Section 214-A. Advisory Health Board.
The Advisory Health Board shall have the power and duty:
(1) To advise the secretary on matters as the secretary
may request.
(2) To advise the department regarding the department's
promulgation of rules and regulations as necessary for the
prevention of disease and for the protection of the lives and
health of the residents of this Commonwealth.
(3) To make and revise a list of communicable diseases
against which children shall be required to be immunized as a
condition of attendance at a public, private or parochial
school in this Commonwealth. The list shall be published by
the department together with rules and regulations
promulgated by the department that are necessary to ensure
that the immunization is timely, effective and properly
verified.
(4) To prescribe minimum health activities and minimum
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standards of performance of health services for a political
subdivision.
Section 215-A. Speech and hearing rehabilitation centers.
The department shall have the power and duty:
(1) To provide, maintain, administer and operate a
speech and hearing rehabilitation center:
(i) For the diagnosis and treatment of children with
or suspected of having hearing loss.
(ii) To provide auditory training for preschool
children.
(iii) To provide consultative services for hard of
hearing children of school age and the parents of the
children.
(2) The department may purchase services if it is not
feasible to provide and maintain a speech and hearing
rehabilitation center.
Section 216-A. Cystic fibrosis program.
The department shall have the power and duty to conduct a
program of care and treatment of individuals suffering from
cystic fibrosis who are 21 years of age or older.
Section 217-A. Investigators, subpoenas and warrants.
(a) Investigator.--The department may:
(1) Employ a competent person to:
(i) Render sanitary service and undertake or
supervise practical and scientific investigations and
examinations requiring expert skill.
(ii) Prepare plans and reports relative to an
investigation and examination under subparagraph (i).
(2) Purchase supplies and materials necessary to carry
out the work of the department.
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(b) Subpoena.--The department may issue a subpoena for the
examination, investigation and adjudication of the violation of
a statute or regulation administered by the department to secure
the attendance of an individual necessary to the matter or
proceeding and compel the individual to testify in a matter or
proceeding before the department.
(c) Order.--In the event of a public health emergency, as
determined by the Governor or the secretary, the department may
issue and deliver a disease control order to the appropriate law
enforcement organization for execution of the order. If required
by the order, the law enforcement organization shall
immediately, with or without a warrant, take the subject of the
disease control order to a facility or other location specified
in the order or ensure there is not ingress or egress from the
place of isolation or quarantine specified in the order, as
appropriate. The law enforcement organization may take
appropriate measures to enforce a disease control order against
each subject of the order. The law enforcement organization
shall provide a copy of the order to each subject of the order.
If it is impractical to provide a copy of the order to each
subject of the order, the law enforcement organization shall
communicate the order in any other manner reasonably likely to
reach the subjects of the order.
(d) Definition.--As used in this section, the term "public
health emergency" means an occurrence or imminent threat of a
disease or condition of public health importance with the
following characteristics:
(1) Is believed to be caused by any of the following:
(i) A bioterrorist event, a biological, chemical or
nuclear agent, a chemical attack or a nuclear attack.
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(ii) The appearance of a novel or previously
controlled or eradicated infectious agent or biological
toxin.
(iii) A natural disaster, an accidental chemical
release or a nuclear incident.
(iv) A disease outbreak or unusual expression of
illness.
(2) Poses a high probability of any of the following in
the affected population:
(i) A large number of deaths.
(ii) A large number of serious or long-term
disabilities.
(iii) Widespread exposure to an infectious or toxic
agent that poses a significant risk of substantial
present or future harm to a large number of individuals.
Section 218-A. Cooperation in enforcing health laws.
A city, borough or township may cooperate with the following
in the administration and enforcement of this article and of the
rules and regulations of the department:
(1) The county in which the city, borough or township is
situated.
(2) Another political subdivision within the county.
(3) The department.
Section 219-A. Anatomical gifts.
In addition to the powers and duties of the department
relating to anatomical gifts, the department shall continue the
rotation of referrals to tissue procurement providers started
under 20 Pa.C.S. Ch. 86 (relating to anatomical gifts).
Adjustments to the rotation may be made to accommodate new,
quality tissue procurement providers accredited by the American
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Association of Tissue Banks or a successor organization as
determined under guidelines published in 26 Pa.B. 2044 (April
27, 1996). A hospital may discontinue the rotation for cause.
Section 220-A. Domestic violence and rape victim services.
(a) Findings.--The General Assembly finds that the public
health and safety is threatened by increasing incidences of
domestic violence and rape. Domestic violence programs and rape
crisis programs provide needed support services for victims and
assist in prevention through community education. It is in the
public interest of the Commonwealth to establish a mechanism to
provide financial assistance to domestic violence centers and
rape crisis centers for the operation of domestic violence
programs and rape crisis programs.
(b) Imposition of additional cost.--A person that, after the
effective date of this section, pleads guilty or nolo contendere
to or is convicted of a crime, in addition to all other costs,
shall pay an additional cost of $10 for the purpose of funding
services under this section. The money shall be paid to the
State Treasurer to be deposited into the General Fund. A
political subdivision shall not be liable for the payment of the
$10 in additional costs.
(c) Grants.--The department shall award grants to domestic
violence centers and rape crisis centers for the operation of
domestic violence programs and rape crisis programs consistent
with this section. In awarding grants, the department shall
consider the population to be served, the geographic area to be
served, the scope of the services, the need for services and the
amount of funds provided from other sources.
(d) Applications.--The department shall make available to
the public, at cost, copies of applications that have been
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submitted or approved for funding under this section and reports
on fiscal or programmatic reviews of funded programs.
(e) Definition.--As used in this section, the term "crime"
shall mean an act committed in this Commonwealth which, if
committed by a mentally competent, criminally responsible adult,
who had no legal exemption or defense, would constitute a crime
as defined in and proscribed by 18 Pa.C.S. (relating to crimes
and offenses) or enumerated in the act of April 14, 1972
(P.L.233, No.64), known as The Controlled Substance, Drug,
Device and Cosmetic Act. The term shall not include an act
involving the operation of a motor vehicle which results in
injury unless the injury was intentionally inflicted through the
use of a motor vehicle.
Section 4. Transfers shall be effectuated as follows:
(1) The functions, personnel, allocations,
appropriations, equipment, supplies, records, contracts,
grants, agreements, rights and obligations of the Department
of Health and the Department of Human Services shall be
transferred to the Department of Health and Human Services.
Upon completion, the transfers under this paragraph shall
have the same effect as if the subjects of transfers had
originally been those of the Department of Health and Human
Services.
(2) Personnel transferred under paragraph (1) shall
retain the same employment status held prior to transfer.
This paragraph includes:
(i) Civil Service classification.
(ii) Seniority.
(iii) Benefits.
(iv) Perquisites.
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(3) Activities initiated under Article XXI or XXIII of
the act of April 9, 1929 (P.L.177, No.175), known as The
Administrative Code of 1929, or under the act of April 27,
1905 (P.L.312, No.218), entitled "An act creating a
Department of Health, and defining its powers and duties,"
shall continue and remain in full force and effect and may be
completed under Article II-A of the act.
(4) Orders, regulations, rules and decisions which were
made under Article XXI or XXIII of The Administrative Code of
1929 or under the act of April 27, 1905 (P.L.312, No.218) and
which are in effect on the effective date of section 6 of
this act shall remain in full force and effect until revoked,
vacated or modified under Article II-A of the act.
(5) Contracts, grants, agreements, obligations and
collective bargaining agreements entered into under Article
XXI or XXIII of The Administrative Code of 1929 or under the
act of April 27, 1905 (P.L.312, No.218) are not affected nor
impaired by repeals under this act.
(6) If a State government entity includes membership by
more than one secretary under section 5(2), the Secretary of
Health and Human Services shall serve as one affected member
and shall designate the other affected members.
Section 5. The following apply to references:
(1) A reference in a statute or regulation to the
Department of Health, the Department of Human Services or the
former Department of Public Welfare shall be deemed a
reference to the Department of Health and Human Services.
(2) A reference in a statute or regulation to the
Secretary of Health, the Secretary of Human Services or the
former Secretary of Public Welfare shall be deemed a
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reference to the Secretary of Health and Human Services.
Section 6. Repeals are as follows:
(1) The General Assembly declares that the repeals under
paragraphs (2), (3) and (4) are necessary to effectuate the
addition of Article II-A of the act.
(2) Sections 1(c) and (d), 7, 8(d) and (e), 9 and 16 of
the act of April 27, 1905 (P.L.312, No.218), entitled "An act
creating a Department of Health, and defining its powers and
duties," are repealed.
(3) Articles XXI and XXIII of the act of April 9, 1929
(P.L.177, No.175), known as The Administrative Code of 1929,
are repealed.
(4) Section 805 of the act of July 19, 1979 (P.L.130,
No.48), known as the Health Care Facilities Act, is repealed.
Section 7. The Secretary of Health and the Secretary of
Human Services and the employees of the Department of Health and
the Department of Human Services shall cooperate in the
transfers under section 4 of this act and other transition
activities required to implement Article II-A of the act.
Section 8. This act shall take effect June 30, 2023.
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