PRINTER'S NO. 391
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
424
Session of
2019
INTRODUCED BY LANGERHOLC, SCARNATI, YAW, BREWSTER, STEFANO,
BARTOLOTTA, MENSCH, COSTA, VOGEL, K. WARD, J. WARD, BLAKE,
YUDICHAK AND HAYWOOD, MARCH 11, 2019
REFERRED TO JUDICIARY, MARCH 11, 2019
AN ACT
Amending Titles 35 (Health and Safety), 42 (Judiciary and
Judicial Procedure) and 61 (Prisons and Parole) of the
Pennsylvania Consolidated Statutes, establishing the
Nonnarcotic Medication Substance Use Disorder Treatment
Program; in organization and jurisdiction of courts of common
pleas, providing for court assessments for substance use
disorder treatment; in other criminal provisions, further
providing for supervisory relationship to offenders; and, in
Pennsylvania Board of Probation and Parole, further providing
for supervisory relationship to offenders.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 35 of the Pennsylvania Consolidated
Statutes is amended by adding a chapter to read:
CHAPTER 52B
NONNARCOTIC MEDICATION
SUBSTANCE USE DISORDER TREATMENT PROGRAM
Sec.
52B01. Definitions.
52B02. Program established.
52B03. Single county authority requirements.
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52B04. Use of grant funding.
52B05. Powers and duties of department.
§ 52B01. Definitions.
The following words and phrases when used in this chapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Court." A court of common pleas of a judicial district, a
problem-solving court or the Philadelphia Municipal Court.
"Department." The Department of Drug and Alcohol Programs of
the Commonwealth.
"Eligible provider." An organization or entity licensed by
the Commonwealth capable of:
(1) assessing an offender to determine if the offender
is a candidate to whom medication that prevents a relapse to
drug and alcohol dependence should be administered;
(2) providing an individualized treatment plan; and
(3) administering a Federal Drug Administration-approved
nonnarcotic medication indicated for use in treating a
substance use disorder.
"Nonnarcotic medication assisted substance use disorder
treatment." A substance use disorder treatment that includes
the use of a Federal Drug Administration-approved nonnarcotic
medication indicated for use in treating a substance use
disorder as well as counseling and other substance use disorder
treatment measures as deemed clinically appropriate by an
eligible provider.
"Program." The Nonnarcotic Medication Substance Use Disorder
Treatment Program established under section 58B02.
"Single county authority." An agency designated by the
Department of Health under the act of April 14, 1972 (P.L.221,
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No.63), known as the Pennsylvania Drug and Alcohol Abuse Control
Act, to plan and coordinate drug and alcohol prevention,
intervention and treatment services for a geographic area which
may consist of one or more counties.
§ 52B02. Program established.
The Nonnarcotic Medication Substance Use Disorder Treatment
Program is established within the department to increase
opportunities for single county authorities to provide
comprehensive substance use disorder treatment to offenders as
may be clinically appropriate through the awarding of grants. To
the extent that grant money is available, a single county
authority may contract with an eligible provider to make
available nonnarcotic medication assisted substance use disorder
treatment to an offender upon whom a court imposes a sentence of
confinement, intermediate punishment, an alternative sentence,
probation, Accelerated Rehabilitative Disposition or a fine.
§ 52B03. Single county authority requirements.
In order to be eligible for grant funding under the program,
a single county authority shall:
(1) Make an application on a form and in a manner
determined by the department.
(2) Enter into a contract with one or more eligible
providers as required under section 52B04 (relating to use of
grant funding).
(3) Meet any other requirement established by the
department.
§ 52B04. Use of grant funding.
(a) General rule.--Except as provided for in subsection (b),
a single county authority awarded a grant under the program
shall contract with an eligible provider that shall:
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(1) Assess each offender to determine if the offender is
a candidate to be administered medication that prevents
relapse to substance use dependence.
(2) Create an individualized program for each offender
identified under paragraph (1).
(3) Provide access to and administer nonnarcotic
medication assisted substance use disorder treatment when
clinically appropriate.
(4) If determined to not be a candidate for nonnarcotic
medication assisted substance use disorder treatment, provide
recommendations to the single county authority as to what
type, if any, of medication assisted treatment may be
necessary or helpful to the offender and may make a referral
to another medication assisted treatment facility that can
provide the appropriate treatment.
(5) Provide clinically appropriate inpatient or
outpatient services determined necessary to support each
individual's treatment plan.
(6) Establish a plan and timetable to collect and
disseminate the de-identified personal information to the
department relating to relapses and overall effectiveness of
the program.
(b) Exception.--If a single county authority is approved by
the department as meeting all of the requirements under
subsection (a), the single county authority shall be exempt from
the requirement to contract with an eligible provider.
§ 52B05. Powers and duties of department.
(a) General rule.--The department shall:
(1) Develop a form for single county authorities to
apply for grant funding under the program.
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(2) Establish criteria for eligible single county
authorities applying for grant funding under the program.
(3) Create a form available to eligible providers to be
used to confirm that an offender is eligible for and enrolled
in the program.
(4) Promulgate rules and regulations as necessary to
implement this chapter.
(5) Issue a report to the General Assembly relating to
relapses and overall effectiveness of the program no later
than one year from the effective date of this section and no
later than December 15 of each calendar year thereafter.
(b) Limits on grant awards.--Grant awards shall be at the
discretion of the department and shall be limited to amounts
annually appropriated to the department for the program.
(c) Statewide substance use disorder treatment assessment
coordinator.--To the extent that money is available, the
department may appoint a Statewide substance use disorder
treatment assessment coordinator. The coordinator may:
(1) Encourage and assist in the establishment of
substance use disorder treatment assessments in each judicial
district.
(2) Identify sources of funding for substance use
disorder treatment assessments, including the availability of
grants.
(3) Provide coordination and technical assistance for
grant applications.
(4) Develop model guidelines for the administration of
substance use disorder treatment assessments.
(5) Establish procedures for monitoring substance use
disorder treatment assessments and for evaluating the
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effectiveness of substance use disorder treatment
assessments.
(d) Advisory committee.--The department may establish, from
available money, an interdisciplinary and interbranch advisory
committee to advise and assist the Statewide substance use
disorder treatment assessment coordinator in monitoring and
administrating substance use disorder treatment assessments
Statewide.
Section 2. Title 42 is amended by adding a section to read:
§ 918. Court assessments for substance use disorder treatment.
(a) Establishment.--The court of common pleas of a judicial
district, a problem-solving court and the Philadelphia Municipal
Court may order an offender charged with a drug-related offense
upon whom a court imposes a sentence of confinement,
intermediate punishment, an alternative sentence, probation,
Accelerated Rehabilitative Disposition or a fine to be assessed
by an eligible provider to determine whether the use of a
nonnarcotic medication assisted substance use disorder treatment
program may be clinically appropriate for the offender. The
court may adopt local rules for substance use disorder treatment
assessments. The local rules may not be inconsistent with this
section or any rules established by the General Assembly or the
Supreme Court.
(b) Failure to participate.--If treatment is determined
clinically appropriate by an eligible provider, an offender's
failure to participate in a recommended treatment plan as
determined by the court-ordered assessment may be considered by
the court to be a probation or parole violation under
appropriate State or local court rules.
(c) Definitions.--The following words and phrases when used
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in this section shall have the meanings given to them in this
subsection unless the context clearly indicates otherwise:
"Drug-related offense." A criminal offense which the court
determines was motivated by the offender's consumption of or
addiction to alcohol or a controlled substance, counterfeit,
designer drug, drug, immediate precursor or marihuana, as those
terms are defined in the act of April 14, 1972 (P.L.233, No.64),
known as The Controlled Substance, Drug, Device and Cosmetic
Act.
"Eligible provider." An organization or entity licensed by
the Commonwealth capable of:
(1) assessing an offender to determine if the offender
is a candidate to whom medication that prevents a relapse to
drug and alcohol dependence should be administered;
(2) providing an individualized treatment plan; and
(3) administering a Federal Drug Administration-approved
nonnarcotic medication indicated for use in treating a
substance use disorder.
"Nonnarcotic medication assisted substance use disorder
treatment." A substance use disorder treatment that includes
the use of a Federal Drug Administration-approved nonnarcotic
medication indicated for use in treating a substance use
disorder as well as counseling and other substance use disorder
treatment measures as deemed clinically appropriate by an
eligible provider.
Section 3. Section 9912 of Title 42 is amended by adding a
subsection to read:
§ 9912. Supervisory relationship to offenders.
* * *
(e.2) Recommendation of offenders for nonnarcotic medication
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assisted substance use disorder treatment.--
(1) An officer may recommend that an offender under
their supervision be assessed by an eligible provider to
determine whether the use of the program may be clinically
appropriate for the offender as described in section 918
(relating to court assessments for substance use disorder
treatment).
(2) As used in this subsection, the following words and
phrases shall have the meanings given to them in this
paragraph:
"Eligible provider." An organization or entity licensed
by the Commonwealth capable of:
(i) assessing an offender to determine if the
offender is a candidate to whom medication that prevents
a relapse to drug and alcohol dependence should be
administered;
(ii) providing an individualized treatment plan; and
(iii) administering a Federal Drug Administration-
approved nonnarcotic medication indicated for use in
treating a substance use disorder.
"Program." The Nonnarcotic Medication Substance Use
Disorder Treatment Program established under 35 Pa.C.S. Ch.
52B (relating to Nonnarcotic Medication Substance Use
Disorder Treatment Program).
* * *
Section 4. Section 6153 of Title 61 is amended by adding a
subsection to read:
§ 6153. Supervisory relationship to offenders.
* * *
(e.1) Recommendation of offenders for nonnarcotic medication
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assisted substance use disorder treatment.--
(1) An agent may recommend that an offender under their
supervision be assessed by an eligible provider to determine
whether the use of the program may be clinically appropriate
for the offender as described in 42 Pa.C.S. § 918 (relating
to court assessments for substance use disorder treatment).
(2) As used in this subsection, the following words and
phrases shall have the meanings given to them in this
paragraph:
"Eligible provider." An organization or entity licensed
by the Commonwealth capable of:
(i) assessing an offender to determine if the
offender is a candidate to whom medication that prevents
a relapse to drug and alcohol dependence should be
administered;
(ii) providing an individualized treatment plan; and
(iii) administering a Federal Drug Administration-
approved nonnarcotic medication indicated for use in
treating a substance use disorder.
"Program." The Nonnarcotic Medication Substance Use Disorder
Treatment Program established under 35 Pa.C.S. Ch. 52B (relating
to Nonnarcotic Medication Substance Use Disorder Treatment
Program).
* * *
Section 5. This act shall take effect in 60 days.
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