HB 1117 — An Act amending the act of April 9, 1929 (P.L.177, No.175), known as The Administrative Code of 1929, in powers and duties of the Department of Drug and Alcohol Programs, further providing for powers and duties.

PRINTER'S NO.   1228

                     THE GENERAL ASSEMBLY OF PENNSYLVANIA



                         HOUSE BILL
                         No. 1117
                                               Session of
                                                 2025

     INTRODUCED BY RIVERA, WEBSTER, MADDEN, GIRAL, HOWARD, WAXMAN,
        HILL-EVANS, HOHENSTEIN, SCHLOSSBERG, D. WILLIAMS, MAYES,
        SANCHEZ, KAZEEM, BRENNAN, NEILSON AND KHAN, APRIL 3, 2025

     REFERRED TO COMMITTEE ON HUMAN SERVICES, APRIL 3, 2025


                                    AN ACT
 1   Amending the act of April 9, 1929 (P.L.177, No.175), entitled
 2      "An act providing for and reorganizing the conduct of the
 3      executive and administrative work of the Commonwealth by the
 4      Executive Department thereof and the administrative
 5      departments, boards, commissions, and officers thereof,
 6      including the boards of trustees of State Normal Schools, or
 7      Teachers Colleges; abolishing, creating, reorganizing or
 8      authorizing the reorganization of certain administrative
 9      departments, boards, and commissions; defining the powers and
10      duties of the Governor and other executive and administrative
11      officers, and of the several administrative departments,
12      boards, commissions, and officers; fixing the salaries of the
13      Governor, Lieutenant Governor, and certain other executive
14      and administrative officers; providing for the appointment of
15      certain administrative officers, and of all deputies and
16      other assistants and employes in certain departments, boards,
17      and commissions; providing for judicial administration; and
18      prescribing the manner in which the number and compensation
19      of the deputies and all other assistants and employes of
20      certain departments, boards and commissions shall be
21      determined," in powers and duties of the Department of Drug
22      and Alcohol Programs, further providing for powers and
23      duties.
24      The General Assembly of the Commonwealth of Pennsylvania
25   hereby enacts as follows:
26      Section 1.    Section 2301-A introductory paragraph, (1), (2),
27   (4), (5), (7) and (8) of the act of April 9, 1929 (P.L.177,
28   No.175), known as The Administrative Code of 1929, are amended
 1   and the section is amended by adding a subsection to read:
 2   Section 2301-A.        Powers and duties.
 3      (a)    Duties.--The Department of Drug and Alcohol Programs
 4   shall have the power and its duty shall be:
 5             (1)   To develop and adopt a State plan for the control,
 6      prevention, intervention, treatment, rehabilitation,
 7      research, education and training aspects of [drug and alcohol
 8      abuse and dependence problems] substance use disorder. The
 9      State plan shall include, but not be limited to, provisions
10      for:
11                   (i)    Coordination of the efforts of all State
12             agencies in the control, prevention, intervention,
13             treatment, rehabilitation, research, education and
14             training aspects of [drug and alcohol abuse and
15             dependence problems] substance use disorder so as to
16             avoid duplications and inconsistencies in the efforts of
17             the agencies.
18                   (ii)    Coordination of all health and rehabilitation
19             efforts to deal with the [problem] challenges of [drug
20             and alcohol abuse and dependence] substance use disorder,
21             including, but not limited to, those relating to
22             vocational rehabilitation, [manpower] workforce
23             development and training, senior citizens, law
24             enforcement assistance, parole and probation systems,
25             jails and prisons, health research facilities, [mental
26             retardation facilities]      intellectual disability or
27             autism diagnosis and community mental health centers,
28             juvenile delinquency, health professions, educational
29             assistance, hospital and medical facilities, social
30             security, community health services, education

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 1        professions development, higher education, Commonwealth
 2        employees health benefits, economic opportunity,
 3        comprehensive health planning, elementary and secondary
 4        education, highway safety and the civil service laws.
 5             (iii)    Encouragement of the formation of local
 6        agencies and local coordinating councils, promotion of
 7        cooperation and coordination among such groups and
 8        encouragement of communication of ideas and
 9        recommendations from such groups to the Pennsylvania
10        Advisory Council on Drug and Alcohol Abuse.
11             (iv)    Development of model [drug and alcohol abuse
12        and dependence] substance use disorder control plans for
13        local government, utilizing the concepts incorporated in
14        the State plan. The model plans shall be reviewed on a
15        periodic basis, but not less than once a year, and
16        revised to keep them current. The model plans shall
17        specify how all types of community resources and existing
18        Federal and Commonwealth legislation may be utilized.
19             (v)    Assistance and consultation to local
20        governments, public and private agencies, institutions
21        and organizations and individuals with respect to the
22        prevention and treatment of [drug and alcohol abuse and
23        dependence] substance use disorder, including
24        coordination of programs among them.
25             (vi)    Cooperation with organized medicine to
26        disseminate medical guidelines for the use of drugs and
27        controlled substances in medical practice.
28             (vii)    Coordination of research, scientific
29        investigations, experiments and studies relating to the
30        cause, epidemiology, sociological aspects, toxicology,

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 1        pharmacology, chemistry, effects on health, dangers to
 2        public health, prevention, diagnosis and treatment of
 3        [drug and alcohol abuse and dependence] substance use
 4        disorder.
 5             (viii)    Investigation of methods for the more precise
 6        detection and determination of alcohol and controlled
 7        substances in urine and blood samples and by other means,
 8        and publication on a current basis of uniform methodology
 9        for such detections and determinations.
10             (ix)    Any information obtained through scientific
11        investigation or research conducted pursuant to this act
12        shall be used in ways so that no name or identifying
13        characteristics of any person shall be divulged without
14        the approval of the department and the consent of the
15        person concerned. Persons engaged in research pursuant to
16        this section shall protect the privacy of individuals who
17        are the subject of such research by withholding from all
18        persons not connected with the conduct of such research
19        the names or other identifying characteristics of such
20        individuals. Persons engaged in the research shall
21        protect the privacy of such individuals and may not be
22        compelled in any State, civil, criminal, administrative,
23        legislative or other proceeding to identify such
24        individuals.
25             (x)    Establishment of training programs for
26        professional and nonprofessional personnel with respect
27        to [drug and alcohol abuse and dependence] substance use
28        disorder, including the encouragement of such programs by
29        local governments.
30             (xi)    Development of a model curriculum, including

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 1        the provision of relevant data and other information, for
 2        utilization by elementary and secondary schools for
 3        instructing children and for parent-teachers'
 4        associations, adult education centers, private citizen
 5        groups or other State and local sources for instruction
 6        of parents and other adults about [drug and alcohol abuse
 7        and dependence] substance use disorder.
 8             (xii)    Preparation of a broad variety of educational,
 9        prevention and intervention material for use in all
10        media, to reach all segments of the population, that can
11        be utilized by public and private agencies, institutions
12        and organizations in educational programs with respect to
13        [drug and alcohol abuse and dependence] substance use
14        disorder.
15             (xiii)    Establishment of educational courses,
16        including the provision of relevant data and other
17        information on the causes and effects of and treatment
18        for [drug and alcohol abuse and dependence] substance use
19        disorder, for law enforcement officials, including
20        prosecuting attorneys, court personnel, the judiciary,
21        probation and parole officers, correctional officers and
22        other law enforcement personnel, welfare, vocational
23        rehabilitation and other State and local officials, who
24        come in contact with [drug abuse and dependence problems]
25        individuals who may have substance use disorders.
26             (xiv)    Recruitment, training, organization and
27        employment of professional and other persons, including
28        [former drug and alcohol abusers and dependent persons]
29        individuals in recovery from substance use disorders, to
30        organize and participate in programs of public education.

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 1             (xv)    Treatment and [rehabilitation] supportive
 2        services for male and female juveniles and adults who are
 3        charged with, convicted of or serving a criminal sentence
 4        for any criminal offense under the laws of this
 5        Commonwealth. Provision of similar services shall be made
 6        for juveniles adjudged to be delinquent, dependent or
 7        neglected. These services shall include, but are not
 8        limited to, emergency medical services, inpatient
 9        services and [intermediate care, rehabilitative]
10        supportive and outpatient services.
11             (xvi)    Giving priority to developing [community-based
12        drug or alcohol abuse] substance use disorder treatment
13        services in a cooperative manner among State and local
14        governmental agencies and departments and public and
15        private agencies, institutions and organizations.
16        Consideration shall be given to supportive medical care,
17        services or residential facilities for [drug or alcohol
18        dependent persons for whom treatment has repeatedly
19        failed and for whom recovery is unlikely] individuals
20        with substance use disorders.
21             (xvii)   Establishment of a system of emergency
22        medical services for persons voluntarily seeking
23        treatment, for persons admitted and committed to
24        treatment facilities according to the procedural
25        admission and commitment provisions of the act of July 9,
26        1976 (P.L.817, No.143), known as the Mental Health
27        Procedures Act, and for persons charged with a crime
28        under Pennsylvania law. Upon the establishment of such
29        emergency medical services, the Department of Drug and
30        Alcohol Programs, by regulation, shall require that

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 1        appropriate emergency medical services be made available
 2        to all [drug and alcohol abusers] individuals with
 3        substance use disorders who are arrested for a crime
 4        under Pennsylvania law.
 5             (xviii)    Providing standards for the approval by the
 6        relevant State agency for all private and public
 7        treatment and [rehabilitative] supportive facilities,
 8        which may include, but are not limited to, State
 9        hospitals and institutions, public and private general
10        hospitals, community mental health centers or their
11        contracting agencies and public and private [drug or
12        alcohol dependence and drug and alcohol abuse and
13        dependence     treatment and rehabilitation] substance use
14        disorder centers. The standards shall prohibit private
15        and public substance use disorder treatment [and
16        rehabilitation] facilities from denying [addiction]
17        treatment to an individual solely due to a negative
18        result on a drug test.
19             (xix)   Grants and contracts for the prevention,
20        intervention and treatment of [drug and alcohol
21        dependence] substance use disorder. The grants and
22        contracts may include assistance to local governments and
23        public and private agencies, institutions and
24        organizations for prevention, intervention, treatment,
25        rehabilitation, research, education and training aspects
26        of [the drug and alcohol abuse and dependence problems]
27        substance use disorder with the Commonwealth. Any grant
28        made or contract entered into by a department or agency
29        shall be pursuant to the functions allocated to that
30        department or agency by the State plan.

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 1              (xx)    Preparation of general regulations for and
 2        operation of programs supported with assistance.
 3              (xxi)    Establishment of priorities for deciding
 4        allocation of the funds.
 5              (xxii)    Review the administration and operation of
 6        programs, including the effectiveness of such programs in
 7        meeting the purposes for which they are established and
 8        operated, and make annual reports of the findings.
 9              (xxiii)    Evaluate the programs and projects carried
10        out and disseminate the results of such evaluations.
11              (xxiv)    Establish such advisory committees as deemed
12        necessary to assist the department in fulfilling its
13        responsibilities.
14        (2)   In developing the State plan initially, and prior to
15    its amendment [annually] at least every four years, to hold a
16    public hearing at least 30 days prior to the adoption of the
17    initial State plan and subsequent amendments and to afford
18    all interested persons an opportunity to present their views
19    either orally or in writing. The Department of Drug and
20    Alcohol Programs, through its staff, shall consult and
21    collaborate with appropriate Federal, State and local
22    departments, boards, agencies and governmental units, and
23    with appropriate public and private agencies, institutions,
24    groups and organizations. Otherwise, the promulgation of the
25    State plan shall conform to the procedure contained in the
26    act of July 31, 1968 (P.L.769, No.240), referred to as the
27    Commonwealth Documents Law.
28        * * *
29        (4)   To gather and publish statistics pertaining to [drug
30    and alcohol abuse and dependence] substance use disorder and

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 1    promulgate regulations, specifying uniform statistics to be
 2    obtained, records to be maintained and reports to be
 3    submitted by public and private departments, agencies,
 4    organizations, practitioners and other persons with respect
 5    to [drug and alcohol abuse and dependence] substance use
 6    disorder and related [problems] challenges. Such statistics
 7    and reports shall not reveal the identity of any [patient or
 8    drug or alcohol-dependent person] individuals receiving
 9    services or other confidential information.
10        (5)   To establish an information center, which will
11    attempt to gather and contain all available published and
12    unpublished data and information on the problems of [drug and
13    alcohol abuse and dependence] substance use disorder. All
14    Commonwealth departments and agencies shall send to the
15    Department of Drug and Alcohol Programs any data and
16    information pertinent to the cause, prevention, diagnosis and
17    treatment of [drug and alcohol abuse and dependence]
18    substance use disorder and the toxicology and pharmacology
19    effects on the health of [drug and alcohol abusers]
20    individuals with substance use disorders and danger to the
21    public health of alcohol, drugs and controlled substances.
22    The Department of Drug and Alcohol Programs shall make such
23    data and information widely available.
24        * * *
25        (7)     As follows:
26              (i)   To submit an annual report to the General
27        Assembly which shall:
28                    (A)   Specify the actions taken, services provided
29              and funds expended, including an evaluation of their
30              effectiveness.

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 1                         (B)   Contain the current State plan.
 2                         (C)   Contain the most recent quarterly
 3                  evaluations by the Department of Drug and Alcohol
 4                  Programs of the information specified under paragraph
 5                  (8.2)(i).
 6                         (D)   Specify the actions taken in accordance with
 7                  section 2303-A.
 8                  (ii)    To submit additional reports as requested by
 9            the General Assembly and recommendations to further the
10            prevention, treatment and control of [drug and alcohol
11            abuse and dependence] substance use disorder.
12            (8)   To make provisions for facilities in each city or
13      region or catchment area which shall provide information
14      about the total [Commonwealth drug and alcohol abuse and drug
15      and alcohol dependency] substance use disorder treatment
16      programs and services.
17            * * *
18      (b)   Definition.--As used in this section, the term
19   "substance use disorder" means a pattern of use of alcohol or
20   other drugs leading to clinical or functional impairment.
21      Section 2.     This act shall take effect immediately.




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