Bill Text: PA HB1186 | 2009-2010 | Regular Session | Amended

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Bill Title: Establishing the Department of Drug and Alcohol Programs; providing for governing body of the Pennsylvania Higher Education Assistance Agency; making a related repeal; repealing related provisions of the Pennsylvania Drug and Alcohol Abuse and Control Act; and making editorial changes.

Spectrum: Bipartisan Bill

Status: (Passed) 2010-07-09 - Act No. 50 [HB1186 Detail]

Download: Pennsylvania-2009-HB1186-Amended.html

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PRIOR PRINTER'S NOS. 1414, 3130, 4077 PRINTER'S NO. 4094
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 1186 Session of2009
INTRODUCED BY DiGIROLAMO, McCALL, BAKER, MAHONEY, SAYLOR, ADOLPH, ARGALL, BARRAR, BEAR, BELFANTI, BEYER, BISHOP, BOYD, BRENNAN, BROWN, BUXTON, CALTAGIRONE, CASORIO, CAUSER, CHRISTIANA, CIVERA, CLYMER, COHEN, CONKLIN, CURRY, CUTLER, DALEY, DALLY, DENLINGER, DePASQUALE, DERMODY, DeWEESE, DRUCKER, J. EVANS, EVERETT, FABRIZIO, FARRY, FLECK, FRANKEL, GALLOWAY, GEIST, GEORGE, GIBBONS, GINGRICH, GOODMAN, GROVE, GRUCELA, HALUSKA, HARHAI, HARHART, HARKINS, HARRIS, HELM, HENNESSEY, HESS, HICKERNELL, HORNAMAN, HOUGHTON, JOHNSON, JOSEPHS, W. KELLER, KESSLER, KILLION, KIRKLAND, KORTZ, KOTIK, KULA, LEVDANSKY, LONGIETTI, MANDERINO, MANN, MARKOSEK, MARSHALL, MARSICO, MATZIE, McGEEHAN, McILVAINE SMITH, MELIO, MILNE, MOUL, MURPHY, MURT, MYERS, OBERLANDER, M. O'BRIEN, OLIVER, O'NEILL, PARKER, PAYNE, PAYTON, PERZEL, PETRARCA, PETRI, PHILLIPS, PICKETT, PRESTON, PYLE, QUIGLEY, QUINN, READSHAW, REICHLEY, ROEBUCK, ROHRER, ROSS, SABATINA, SAMUELSON, SANTARSIERO, SANTONI, SCHRODER, SEIP, SHAPIRO, SIPTROTH, K. SMITH, SOLOBAY, SONNEY, STABACK, STURLA, SWANGER, J. TAYLOR, R. TAYLOR, THOMAS, TRUE, VEREB, VULAKOVICH, WAGNER, WALKO, WATERS, WATSON, WHITE, WILLIAMS, YOUNGBLOOD, SAINATO, HANNA, BOYLE, PASHINSKI, CREIGHTON AND GERGELY, APRIL 3, 2009
AMENDMENTS TO SENATE AMENDMENTS, HOUSE OF REPRESENTATIVES, JULY 3, 2010
AN ACT
Amending the act of April 9, 1929 (P.L.177, No.175), entitled
"An act providing for and reorganizing the conduct of the
executive and administrative work of the Commonwealth by the
Executive Department thereof and the administrative
departments, boards, commissions, and officers thereof,
including the boards of trustees of State Normal Schools, or
Teachers Colleges; abolishing, creating, reorganizing or
authorizing the reorganization of certain administrative
departments, boards, and commissions; defining the powers and
duties of the Governor and other executive and administrative
officers, and of the several administrative departments,
boards, commissions, and officers; fixing the salaries of the
Governor, Lieutenant Governor, and certain other executive
and administrative officers; providing for the appointment of
certain administrative officers, and of all deputies and
other assistants and employes in certain departments, boards,
and commissions; and prescribing the manner in which the
number and compensation of the deputies and all other
assistants and employes of certain departments, boards and
commissions shall be determined," establishing the Department
of Drug and Alcohol Programs; providing for governing body of
the Pennsylvania Higher Education Assistance Agency; making a
related repeal; repealing related provisions of the
Pennsylvania Drug and Alcohol Abuse and Control Act; and
making editorial changes.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 201 of the act of April 9, 1929 (P.L.177,
No.175), known as The Administrative Code of 1929, amended
December 30, 1984 (P.L.1299, No.245) and repealed in part May
26, 1988 (P.L.414, No.72), is amended to read:
Section 201. Executive Officers, Administrative Departments
and Independent Administrative Boards and Commissions.--(a) The
executive and administrative work of this Commonwealth shall be
performed by the Executive Department, consisting of the
Governor, Lieutenant Governor, Secretary of the Commonwealth,
Attorney General, Auditor General, State Treasurer, and
Secretary of Education; by the Executive Board, and the
Pennsylvania State Police; by the following administrative
departments: Department of State, Office of Attorney General,
Department of Corrections, Department of the Auditor General,
Treasury Department, Department of Education, Department of
Military Affairs, Insurance Department, Department of Banking,
Department of Agriculture, Department of Transportation,
Department of Health, Department of Drug and Alcohol Programs,
Department of Labor and Industry, Department of Aging,
Department of Public Welfare, Department of General Services,
Department of Revenue, [Department of Commerce, Department of
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Community Affairs and Department of Environmental Resources]
Department of Community and Economic Development, Department of
Environmental Protection and Department of Conservation and
Natural Resources; and by the following independent
administrative boards and commissions: Pennsylvania Game
Commission, Pennsylvania Fish and Boat Commission, State Civil
Service Commission, Pennsylvania Public Utility Commission and
the Pennsylvania Securities Commission.
(b) All of the provisions of this act, which apply generally
to administrative departments, or generally except to the
Department of the Auditor General, the Treasury Department and
the Office of Attorney General, shall apply to the Executive
Board and to the Pennsylvania State Police.
Section 2. Section 202 of the act is amended by adding,
before the last paragraph, a clause to read:
Section 202. Departmental Administrative Boards,
Commissions, and Offices.--The following boards, commissions,
and offices are hereby placed and made departmental
administrative boards, commissions, or offices, as the case may
be, in the respective administrative departments mentioned in
the preceding section, as follows:
* * *
In the Department of Drug and Alcohol Programs,
Bureau of Prevention and Intervention,
Bureau of Treatment,
Bureau of Administration.
All of the foregoing departmental administrative boards and
commissions shall be organized or reorganized as provided in
this act.
Section 3. Section 203 of the act, amended December 3, 1970
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(P.L.834, No.275), July 22, 1975 (P.L.75, No.45), June 20, 1978
(P.L.477, No.70), December 6, 1982 (P.L.774, No.223) and June
30, 1988 (P.L.475, No.80), is amended to read:
Section 203. Advisory Boards and Commissions.--The following
advisory boards and commissions are placed in and made parts of
the respective administrative departments, as follows:
In the Department of Military Affairs,
State Military Reservation Commission,
In the Department of Environmental [Resources] Protection,
Citizens Advisory Council;
In the Department of Health,
Advisory Health Board;
In the Department of Labor and Industry,
Advisory Council on Affairs of the Handicapped,
Advisory Board on Problems of Older Workers,
Policy, Planning and Evaluation Advisory Committee;
In the Department of Public Welfare,
State Board of Public Welfare,
Advisory Committee for the Blind,
Advisory Committee for General and Special Hospitals,
Advisory Committee for Children and Youth,
Advisory Committee for Public Assistance,
Advisory Committee for Mental Health and Mental
Retardation.
Section 4. Section 206 of the act, amended December 30, 1984
(P.L.1299, No.245), is amended to read:
Section 206. Department Heads.--Each administrative
department shall have as its head an officer who shall, either
personally, by deputy, or by the duly authorized agent or
employe of the department, and subject at all times to the
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provisions of this act, exercise the powers and perform the
duties by law vested in and imposed upon the department.
The following officers shall be the heads of the
administrative departments following their respective titles:
Secretary of the Commonwealth, of the Department of State;
Auditor General, of the Department of the Auditor General;
State Treasurer, of the Treasury Department;
Attorney General, of the Office of Attorney General;
Secretary of Education, of the Department of Education;
Adjutant General, of the Department of Military Affairs;
Insurance Commissioner, of the Insurance Department;
Secretary of Banking, of the Department of Banking;
Secretary of Agriculture, of the Department of Agriculture;
Secretary of Transportation, of the Department of
Transportation;
Secretary of Health, of the Department of Health;
Secretary of Drug and Alcohol Programs, of the
Department of Drug and Alcohol Programs;
Secretary of Labor and Industry, of the Department of Labor
and Industry;
Secretary of Aging, of the Department of Aging;
Secretary of Public Welfare, of the Department of Public
Welfare;
Secretary of Revenue, of the Department of Revenue;
[Secretary of Commerce, of the Department of Commerce;
Secretary of Community Affairs, of the Department of
Community Affairs;
Secretary of Environmental Resources, of the Department of
Environmental Resources;]
Secretary of Community and Economic Development, of the
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Department of Community and Economic Development;
Secretary of Environmental Protection, of the Department of
Environmental Protection;
Secretary of Conservation and Natural Resources, of the
Department of Conservation and Natural Resources;
Secretary of General Services, of the Department of General
Services;
Secretary of Corrections, of the Department of Corrections.
Section 5. Section 207.1(d)(1) of the act, amended December
30, 2002 (P.L.2075, No.231), is amended to read:
Section 207.1. Gubernatorial Appointments.--* * *
(d) The Governor shall nominate in accordance with the
provisions of the Constitution of the Commonwealth of
Pennsylvania and, by and with the advice and consent of a
majority of the members elected to the Senate appoint persons to
fill the following positions:
(1) The Secretary of Education, the Secretary of the
Commonwealth, the Adjutant General, the Insurance Commissioner,
the Secretary of Banking, the Secretary of Agriculture, the
Secretary of Transportation, the Secretary of Health, the
Secretary of Drug and Alcohol Programs, the Commissioner of the
State Police, the Secretary of Corrections, the Secretary of
Labor and Industry, the Secretary of Aging, the Secretary of
Public Welfare, the Secretary of General Services, the Secretary
of Revenue, the Secretary of Community and Economic Development,
the Secretary of Environmental Protection and the Secretary of
Conservation and Natural Resources.
* * *
Section 6. The act is amended by adding a section to read:
Section 401.2. Pennsylvania Higher Education Assistance
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Agency.--(a) (1) The Pennsylvania Higher Education Assistance
Agency shall be governed and all of its corporate powers
exercised by a board of directors which shall consist of twenty
members, nineteen of whom shall be appointed as hereinafter
provided, and the Secretary of Education. Except as provided in
subsection (b), three members shall be appointed by the Governor
and confirmed by the Senate, eight shall be appointed by the
President pro tempore of the Senate, and eight shall be
appointed by the Speaker of the House of Representatives.
(2) All members shall be of full age, citizens of the United
States and residents of this Commonwealth, and shall be
appointed for terms of six years each, except as provided in
subsection (b)(1). Of the members appointed by the Governor, one
shall be appointed for a term which shall expire June 30, 2011,
one for a term which shall expire June 30, 2013, and one for a
term which shall expire June 30, 2015. Of the members appointed
by the President pro tempore of the Senate, three shall be
appointed for a term which shall expire June 30, 2011, three for
a term which shall expire June 30, 2013, and two for a term
which shall expire June 30, 2015. Of the members appointed by
the Speaker of the House of Representatives, four shall be
appointed for a term which shall expire June 30, 2011, three for
a term which shall expire June 30, 2013, and one for a term
which shall expire June 30, 2015.
(3) The eight members appointed by the President pro tempore
of the Senate shall be members of the Senate or appointees under
subsection (b), four of whom shall be of the majority party and
four of the minority party; and the eight members appointed by
the Speaker of the House of Representatives shall be members of
the House of Representatives or appointees under subsection (b),
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four of whom shall be of the majority party and four of the
minority party; and any member of the Senate or House of
Representatives hereafter appointed shall serve on the board
only so long as he is a member or an appointee under subsection
(b) of the particular body of the General Assembly from which he
was appointed to the board, in which event he shall be
ineligible to continue as a member of the board as a legislative
appointee and a vacancy shall exist. In such a case the
President pro tempore of the Senate or the Speaker of the House
of Representatives shall fill the vacancy for the unexpired term
in the same manner as original appointment.
(b) (1) Commencing with legislative board appointments that
expire after June 30, 2010, all board appointments made after
June 30, 2010, shall be appointed for terms of four years each
and, when a legislative member's term, as appointed under this
section, expires and the legislative member wishes not to be
reappointed, provided he is eligible for reappointment, the
legislative leader of the respective chamber shall fill the
vacancy with a nonlegislative individual that has relevant
experience in a field related to finance, banking, investment,
information technology, higher education or higher education
finance. The respective legislative leader shall not appoint
more than one nonlegislative member to fill a vacancy in the
board positions allotted to the majority or minority party, and
such appointment shall not replace the chairman of the standing
committee on education or the legislator designated to serve on
the education committee chairman's behalf.
(2) A member of the board of directors who becomes
ineligible to serve as a legislative appointee shall be eligible
for appointment by the Governor.
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(3) The board of directors shall elect from its own members
each year a chairman and vice chairman each of whom must be a
legislative appointed member of the board, who shall serve for
terms of one year and who shall be eligible for reelection for
successive terms. Vacancies shall be filled for the unexpired
terms in the same manner as original appointments. Directors
shall receive no compensation for their services, but shall be
reimbursed for their expenses actually and necessarily incurred
by them in the performance of their duties under the act of
August 7, 1963 (P.L.549, No.290), referred to as the
Pennsylvania Higher Education Assistance Agency Act.
(c) The board of directors shall provide for the holding of
regular and special meetings. Six directors attending shall
constitute a quorum for the transaction of any business and,
unless a greater number is required by the bylaws of the agency,
the act of a majority of the directors present at any meeting
shall be deemed the act of the board.
(d) The board of directors shall adopt bylaws for the agency
and may appoint such officers and employes as it deems advisable
and may fix their compensation and prescribe their duties.
(e) The board of directors may elect an executive committee
of not less than five members who, in intervals between meetings
of the board, may transact such business of the agency as the
bylaws of the agency may from time to time authorize. Unless
otherwise provided by the bylaws, a majority of the whole of
such committee attending shall constitute a quorum for the
transaction of any business, and the act of a majority of the
members of the executive committee present at any meeting
thereof shall be the act of such committee.
Section 7. Section 451(b) of the act, amended July 7, 1989
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(P.L.241, No.42), is amended to read:
Section 451. State Planning Board.--* * *
(b) (1) The State Planning Board shall consist of fifteen
members to be appointed by the Governor from among the citizens
of the State, who during their terms shall hold no other office
in the executive branch of State Government to which any salary
is attached. In addition to these members, there shall be six ex
officio members, the Secretary of Agriculture, the [Secretary of
Commerce, the Secretary of Community Affairs, the Secretary of
Environmental Resources] Secretary of Community and Economic
Development, the Secretary of Environmental Protection, the
Secretary of Conservation and Natural Resources, the Secretary
of Public Welfare and the Secretary of Transportation. There
shall also be two members appointed by, and serve at the
pleasure of, the President pro tempore of the Senate, neither of
whom shall be members of the same political party, and two
members appointed by, and serve at the pleasure of, the Speaker
of the House of Representatives, neither of whom shall be
members of the same political party. The terms of office of
those members appointed by the Governor shall be for four years
and until their successors are appointed and have qualified. In
case of a vacancy, the Governor shall make an appointment for
the unexpired portion of the term. The Governor shall designate
the chairman and vice-chairman of the board from among the
members of the board, other than the ex officio and legislative
members.
(2) Thirteen members of the board shall constitute a quorum.
(3) The members of the board shall serve without
compensation but shall be entitled to receive traveling and
other reasonable expenses incurred in the discharge of their
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duties.
(4) The board may, with the approval of the Governor,
appoint and fix the compensation of an executive director who
shall be technically qualified for the duties of the office and
who shall act as secretary of the board and conduct the work of
the board under its supervision.
* * *
Section 8. Section 1209 introductory paragraph and (b) of
the act, amended February 1, 1966 (1965 P.L.1849, No.582), are
amended to read:
Section 1209. Local Government Budget and Financial Reports;
Compilation of Statistics.--The Department of Community
[Affairs] and Economic Development shall have power and its duty
shall be:
* * *
(b) To furnish to the corporate authorities of each county
(except counties of the first class), city of the third class,
borough, incorporated town, township suitable blank forms for
the making of annual reports of the financial condition of their
respective local governments to the department, which forms for
financial report purposes shall be placed by said corporate
authorities into the hands of the director, controller or
auditors who by law are required to make such financial reports
to the department. Such annual financial reports shall be
prepared in cooperation with aforesaid duly authorized
committees of local government officials and shall contain: (1)
a statement of the receipts of the unit of local government from
all sources and of all accounts and revenue which may be due and
uncollected at the close of the fiscal year; (2) a statement of
the disbursements for all the governmental activities of the
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unit of local government during the fiscal year; (3) a detailed
statement of the indebtedness of the unit of local government at
the close of the fiscal year, the provisions made for the
payment thereof, together with the purposes for which it was
incurred; (4) a statement of the cost of ownership and operation
of each and every public service industry owned, maintained or
operated by the unit of local government; (5) such further or
more specific information in relation to the cost of any branch
of the local government and improvements therein as may be
required by the department.
In the case of blank forms for financial reports by townships
of the second class and counties, the same shall be so arranged
that corresponding data and information, required to be reported
by said units of local government to the Department of
[Highways] Transportation or the Department of Public Welfare,
may be used for the information required to be furnished to the
Department of Community [Affairs] and Economic Development under
this section.
* * *
Section 9. Section 2203-A(a)(11) and (26) of the act,
amended December 15, 1988 (P.L.1244, No.153), are amended to
read:
Section 2203-A. Powers and Duties in General.-(a) The
Department of Aging hereinafter referred to in this article as
the department shall, subject to any inconsistent provisions in
this act contained, have the power and its duty shall be to:
* * *
(11) Promote and support programs, studies and policies, in
cooperation with the Departments of Labor and Industry,
Education, [Commerce] Community and Economic Development, Public
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Welfare and other agencies, which will enhance the opportunity
for continued work, education and training for older persons and
for preretirement assistance where appropriate.
* * *
(26) Review and comment on all rules, regulations,
eligibility or payment standards issued by the Departments of
Public Welfare, Environmental [Resources, Health] Protection or
Labor and Industry relating to the licensure and regulation of
nursing homes, hospitals, and other health facilities; medical
assistance, supplemental security income; homemaking and home-
health care or residential care facilities for older adults.
Said rules, regulations and standards shall not take effect
until they have been submitted to the department for comment.
* * *
Section 10. The act is amended by adding an article to read:
ARTICLE XXIII-A
POWERS AND DUTIES OF THE DEPARTMENT OF DRUG
AND ALCOHOL PROGRAMS
Section 2301-A. Powers and duties.
The Department of Drug and Alcohol Programs shall have the
power, and its duty shall be:
(1) To develop and adopt a State plan for the control,
prevention, intervention, treatment, rehabilitation,
research, education and training aspects of drug and alcohol
abuse and dependence problems. The State plan shall include,
but not be limited to, provision for:
(i) Coordination of the efforts of all State
agencies in the control, prevention, intervention,
treatment, rehabilitation, research, education and
training aspects of drug and alcohol abuse and dependence
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problems so as to avoid duplications and inconsistencies
in the efforts of the agencies.
(ii) Coordination of all health and rehabilitation
efforts to deal with the problem of drug and alcohol
abuse and dependence, including, but not limited to,
those relating to vocational rehabilitation, manpower
development and training, senior citizens, law
enforcement assistance, parole and probation systems,
jails and prisons, health research facilities, mental
retardation facilities and community mental health
centers, juvenile delinquency, health professions,
educational assistance, hospital and medical facilities,
social security, community health services, education
professions development, higher education, Commonwealth
employees health benefits, economic opportunity,
comprehensive health planning, elementary and secondary
education, highway safety and the civil service laws.
(iii) Encouragement of the formation of local
agencies and local coordinating councils, and promotion
of cooperation and coordination among such groups, and
encouragement of communication of ideas and
recommendations from such groups to the Pennsylvania
Advisory Council on Drug and Alcohol Abuse.
(iv) Development of model drug and alcohol abuse and
dependence control plans for local government, utilizing
the concepts incorporated in the State plan. The model
plans shall be reviewed on a periodic basis but not less
than once a year, and revised to keep them current. The
model plans shall specify how all types of community
resources and existing Federal and Commonwealth
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legislation may be utilized.
(v) Assistance and consultation to local
governments, public and private agencies, institutions
and organizations, and individuals with respect to the
prevention and treatment of drug and alcohol abuse and
dependence, including coordination of programs among
them.
(vi) Cooperation with organized medicine to
disseminate medical guidelines for the use of drugs and
controlled substances in medical practice.
(vii) Coordination of research, scientific
investigations, experiments and studies relating to the
cause, epidemiology, sociological aspects, toxicology,
pharmacology, chemistry, effects on health, dangers to
public health, prevention, diagnosis and treatment of
drug and alcohol abuse and dependence.
(viii) Investigation of methods for the more precise
detection and determination of alcohol and controlled
substances in urine and blood samples, and by other
means, and publication on a current basis of uniform
methodology for such detections and determinations.
(ix) Any information obtained through scientific
investigation or research conducted pursuant to this act
shall be used in ways so that no name or identifying
characteristics of any person shall be divulged without
the approval of the department and the consent of the
person concerned. Persons engaged in research pursuant to
this section shall protect the privacy of individuals who
are the subject of such research by withholding from all
persons not connected with the conduct of such research
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the names or other identifying characteristics of such
individuals. Persons engaged in the research shall
protect the privacy of such individuals and may not be
compelled in any State, civil, criminal, administrative,
legislative or other proceeding to identify such
individuals.
(x) Establishment of training programs for
professional and nonprofessional personnel with respect
to drug and alcohol abuse and dependence, including the
encouragement of such programs by local governments.
(xi) Development of a model curriculum, including
the provision of relevant data and other information, for
utilization by elementary and secondary schools for
instructing children and for parent-teachers'
associations, adult education centers, private citizen
groups, or other State and local sources, for instruction
of parents and other adults about drug and alcohol abuse
and dependence.
(xii) Preparation of a broad variety of educational,
prevention and intervention material for use in all
media, to reach all segments of the population, that can
be utilized by public and private agencies, institutions
and organizations in educational programs with respect to
drug and alcohol abuse and dependence.
(xiii) Establishment of educational courses,
including the provision of relevant data and other
information on the causes and effects of and treatment
for drug and alcohol abuse and dependence, for law
enforcement officials, including prosecuting attorneys,
court personnel, the judiciary, probation and parole
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officers, correctional officers and other law enforcement
personnel, welfare, vocational rehabilitation and other
State and local officials who come in contact with drug
abuse and dependence problems.
(xiv) Recruitment, training, organization and
employment of professional and other persons, including
former drug and alcohol abusers and dependent persons, to
organize and participate in programs of public education.
(xv) Treatment and rehabilitation services for male
and female juveniles and adults who are charged with,
convicted of or serving a criminal sentence for any
criminal offense under the laws of this Commonwealth.
Provision of similar services shall be made for juveniles
adjudged to be delinquent, dependent or neglected. These
services shall include, but are not limited to, emergency
medical services, inpatient services and intermediate
care, rehabilitative and outpatient services.
(xvi) Giving priority to developing community-based
drug or alcohol abuse treatment services in a cooperative
manner among State and local governmental agencies and
departments and public and private agencies, institutions
and organizations. Consideration shall be given to
supportive medical care, services or residential
facilities for drug or alcohol dependent persons for whom
treatment has repeatedly failed and for whom recovery is
unlikely.
(xvii) Establishment of a system of emergency
medical services for persons voluntarily seeking
treatment, for persons admitted and committed to
treatment facilities according to the procedural
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admission and commitment provisions of the act of July 9,
1976 (P.L.817, No.143), known as the Mental Health
Procedures Act, and for persons charged with a crime
under Pennsylvania law. Upon the establishment of such
emergency medical services, the Department of Drug and
Alcohol Programs, by regulation, shall require that
appropriate emergency medical services be made available
to all drug and alcohol abusers who are arrested for a
crime under Pennsylvania law.
(xviii) Providing standards for the approval by the
relevant State agency for all private and public
treatment and rehabilitative facilities, which may
include, but are not limited to, State hospitals and
institutions, public and private general hospitals,
community mental health centers or their contracting
agencies and public and private drug or alcohol
dependence and drug and alcohol abuse and dependence
treatment and rehabilitation centers.
(xix) Grants and contracts for the prevention,
intervention and treatment of drug and alcohol
dependence. The grants and contracts may include
assistance to local governments and public and private
agencies, institutions and organizations for prevention,
intervention, treatment, rehabilitation, research,
education and training aspects of the drug and alcohol
abuse and dependence problems with the Commonwealth. Any
grant made or contract entered into by a department or
agency shall be pursuant to the functions allocated to
that department or agency by the State plan.
(xx) Preparation of general regulations for, and
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operation of, programs supported with assistance.
(xxi) Establishment of priorities for deciding
allocation of the funds.
(xxii) Review the administration and operation of
programs, including the effectiveness of such programs in
meeting the purposes for which they are established and
operated, and make annual reports of the findings.
(xxiii) Evaluate the programs and projects carried
out and disseminate the results of such evaluations.
(xxiv) Establish such advisory committees as deemed
necessary to assist the department in fulfilling its
responsibilities.
(2) In developing the State plan initially, and prior to
its amendment annually, to hold a public hearing at least 30
days prior to the adoption of the initial State plan and
subsequent amendments and to afford all interested persons an
opportunity to present their views either orally or in
writing. The Department of Drug and Alcohol Programs, through
its staff, shall consult and collaborate with appropriate
Federal and State and local departments, boards, agencies and
governmental units, and with appropriate public and private
agencies, institutions, groups and organizations. Otherwise,
the promulgation of the State plan shall conform to the
procedure contained in the Commonwealth Documents Law.
(3) In accordance with the State plan, to allocate the
responsibility for all services, programs and other efforts
provided for among the appropriate departments, agencies and
other State personnel. The department, through its employees,
shall have the power and its duty shall be to implement
compliance with the provisions of the State plan and to
20090HB1186PN4094 - 19 -
coordinate all such efforts.
(4) To gather and publish statistics pertaining to drug
and alcohol abuse and dependence and promulgate regulations,
specifying uniform statistics to be obtained, records to be
maintained and reports to be submitted by public and private
departments, agencies, organizations, practitioners and other
persons with respect to drug and alcohol abuse and
dependence, and related problems. Such statistics and reports
shall not reveal the identity of any patient or drug or
alcohol-dependent person or other confidential information.
(5) To establish an information center, which will
attempt to gather and contain all available published and
unpublished data and information on the problems of drug and
alcohol abuse and dependence. All Commonwealth departments
and agencies shall send to the Department of Drug and Alcohol
Programs any data and information pertinent to the cause,
prevention, diagnosis and treatment of drug and alcohol abuse
and dependence and the toxicology, pharmacology, effects on
the health of drug and alcohol abusers and danger to the
public health of alcohol, drugs and controlled substances.
The Department of Drug and Alcohol Programs shall make such
data and information widely available.
(6) To require all appropriate State and local
departments, agencies, institutions and others engaged in
implementing the State plan to submit as often as necessary,
but no less often than annually, reports detailing the
activities and effects of the implementation and recommending
appropriate amendments to the State plan. The department may
direct a performance audit of any activity engaged in
pursuant to the State plan.
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(7) To submit an annual report to the General Assembly
which shall specify the actions taken and services provided
and funds expended and an evaluation of their effectiveness.
The annual report shall also contain the current State plan.
The Department of Drug and Alcohol Programs shall submit such
additional reports as may be requested by the General
Assembly and recommendations to further the prevention,
treatment and control of drug and alcohol abuse and
dependence.
(8) To make provision for facilities in each city or
region or catchment area which shall provide information
about the total Commonwealth drug and alcohol abuse and drug
and alcohol dependency programs and services.
(9) The department shall have the power to promulgate
the rules and regulations necessary to carry out the
provisions of this article.
Section 11. All personnel, allocation, appropriations,
equipment, files, records, contracts, agreements, obligations
and other material which are used, employed or expended in
connection with the powers, duties or functions of the
Department of Health concerning drug or alcohol abuse are hereby
transferred to the Department of Drug and Alcohol Programs
established by this act with the same force and effect as if the
appropriations had been made to and said items had been the
property of the Department of Drug and Alcohol Programs in the
first instance, and as if said contracts, agreements and
obligations had been incurred or entered into by the Department
of Drug and Alcohol Programs. The personnel, appropriations,
equipment and other items and material transferred by this
section shall include Federal grants and funds and other
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benefits from any Federal program. All personnel transferred
pursuant to this act shall retain any civil service employment
status assigned to said personnel.
Section 12. All positions in the Department of Drug and
Alcohol Programs shall be deemed to be "classified service" as
defined in section 3(d) of the act of August 5, 1941 (P.L.752,
No.286), known as the Civil Service Act, and the provisions and
benefits of that act shall be applicable to the employees of,
and positions in, the department.
Section 13. All orders, permits, regulations, decisions and
other actions of the Department of Health or any department,
board, commission or agency whose functions have been
transferred by this act to the Department of Drug and Alcohol
Programs shall remain in full force and effect until modified,
repealed, superseded in or otherwise changed by appropriate
action of the Department of Drug and Alcohol Programs.
Section 14. The Pennsylvania Advisory Council on Drug and
Alcohol Abuse established in section 3 of the act of April 14,
1972 (P.L.221, No.63), known as the Pennsylvania Drug and
Alcohol Abuse Control Act, shall be recognized as the advisory
council to the Department of Drug and Alcohol Programs.
Section 15. (a) The General Assembly finds that the repeal
in subsections (b), (c) and (d) are necessary to effectuate this
act.
(b) Section 4 of the act of April 14, 1972 (P.L.221, No.63),
known as the Pennsylvania Drug and Alcohol Abuse Control Act, is
repealed.
(c) The repeal under subsection (d) is necessary to
effectuate the addition of section 401.2 of the act.
(d) Section 3 of the act of August 7, 1963 (P.L.549,
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No.290), referred to as the Pennsylvania Higher Education
Assistance Agency Act, is repealed.
(e) All other acts and parts of acts are repealed insofar as
they are inconsistent with this act.
Section 15.1. Until members of the Pennsylvania Higher <--
Education Assistance Agency are appointed and qualified under
the addition of section 401.2 of the act, members of the agency
under former section 3 of the act of August 7, 1963 (P.L.549,
No.290), referred to as the Pennsylvania Higher Education
Assistance Agency Act, shall remain in office.
Section 16. This act shall take effect as follows:
(1) The addition of section 401.2 of the act shall take <--
effect immediately.
(1) The following provisions shall take effect <--
immediately:
(i) The addition of section 401.2 of the act.
(ii) Section 15(a), (c) and (d) of this act.
(iii) Section 15.1 of this act.
(iv) This section.
(2) The remainder of this act shall take effect July 1,
2011.
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