Bill Text: PA SB1377 | 2009-2010 | Regular Session | Introduced

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Bill Title: Further providing for definitions; and providing for opioid addiction treatment.

Sponsorship: Moderate Partisan Bill (Republican 9-1)

Status: (Introduced - Dead) 2010-05-20 - Referred to PUBLIC HEALTH AND WELFARE [SB1377 Detail]

Download: Pennsylvania-2009-SB1377-Introduced.html

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PRINTER'S NO. 1994
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No. 1377 Session of2010
INTRODUCED BY EICHELBERGER, GREENLEAF, VOGEL, WAUGH, WARD, M. WHITE, RAFFERTY, ERICKSON, D. WHITE AND STACK, MAY 20, 2010
REFERRED TO PUBLIC HEALTH AND WELFARE, MAY 20, 2010
AN ACT
Amending the act of April 14, 1972 (P.L.221, No.63), entitled,
as amended, "An act establishing the Pennsylvania Advisory
Council on Drug and Alcohol Abuse; imposing duties on the
Department of Health to develop and coordinate the
implementation of a comprehensive health, education and
rehabilitation program for the prevention and treatment of
drug and alcohol abuse and drug and alcohol dependence;
providing for emergency medical treatment; providing for
treatment and rehabilitation alternatives to the criminal
process for drug and alcohol dependence; and making repeals,"
further providing for definitions; and providing for opioid
addiction treatment.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 2 of the act of April 14, 1972 (P.L.221,
No.63), known as the Pennsylvania Drug and Alcohol Abuse Control
Act, amended December 20, 1985 (P.L.529, No.119) and November
26, 1997 (P.L.501, No.53), is amended to read:
Section 2. Definitions:
(a) The definitions contained and used in the Controlled
Substance, Drug, Device and Cosmetic Act shall also apply for
the purposes of this act.
(b) As used in this act:
"Bureau" means the Bureau of Drug and Alcohol Programs in the
Department of Health, or any successor entity which becomes
responsible for opioid treatment programs.
"Controlled Substance" means a drug, substance, or immediate
precursor in Schedules I through V of the Controlled Substance,
Drug, Device and Cosmetic Act.
"Council" means the Pennsylvania Advisory Council on Drug and
Alcohol Abuse established by this act and transferred to the
Department of Health by Reorganization Plan No. 4 on April 21,
1981.
"Court" means all courts of the Commonwealth of Pennsylvania,
including magistrates and justices of the peace.
"Department" means the Department of Health.
"Division" means the Division of Drug and Alcohol Program
Licensure within the Department of Health or any successor
entity which becomes responsible for licensing drug or alcohol
programs.
"Drug" means (i) substances recognized in the official United
States Pharmacopeia, or official National Formulary, or any
supplement to either of them; and (ii) substances intended for
use in the diagnosis, cure, mitigation, treatment or prevention
of disease in man or other animals; and (iii) substances (other
than food) intended to affect the structure or any function of
the body of man or other animals; and (iv) substances intended
for use as a component of any article specified in clause (i),
(ii) or (iii), but not including devices or their components,
parts or accessories.
"Drug abuser" means any person who uses any controlled
substance under circumstances that constitute a violation of the
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law.
"Drug dependent person" means a person who is using a drug,
controlled substance or alcohol, and who is in a state of
psychic or physical dependence, or both, arising from
administration of that drug, controlled substance or alcohol on
a continuing basis. Such dependence is characterized by
behavioral and other responses which include a strong compulsion
to take the drug, controlled substance or alcohol on a
continuous basis in order to experience its psychic effects, or
to avoid the discomfort of its absence. This definition shall
include those persons commonly known as "drug addicts."
"Emergency medical services" includes all appropriate short
term services for the acute effects of abuse and dependence
which: (i) are available twenty-four hours a day; (ii) are
community based and located so as to be quickly and easily
accessible to patients; (iii) are affiliated with and constitute
an integral (but not necessarily physical) part of the general
medical services of a general hospital; and (iv) provide drug
and alcohol withdrawal and other appropriate medical care and
treatment, medical examination, diagnosis, and classification
with respect to possible dependence, and referral for other
treatment and rehabilitation.
"Government attorney" means an attorney authorized to
represent the Commonwealth or any political subdivision in any
judicial proceeding within the scope of this act.
"Inpatient services" includes all treatment and
rehabilitation services for drug and alcohol abuse and
dependence provided for a resident patient while the patient
spends full time in a treatment institution including but not
limited to a hospital, rehabilitative center or residential
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facility.
"Methadone" means a synthetic opioid agonist which binds with
opioid receptors in the brain to initiate drug actions that
mimic the effects of opiates.
"Minor" means any person under the age of eighteen years.
"Narcotic treatment program" means a program for chronic drug
users that either administers or dispenses agents under a
narcotic treatment physician's order for detoxification or
maintenance purposes or provides a comprehensive range of
medical and rehabilitative services to alleviate adverse
medical, psychological or physical effects incident to an
addiction to narcotics or does both.
"Opioid addiction treatment" means a narcotic treatment
program that involves the dispensing of an opioid agonist or
antagonist treatment medication, along with appropriate or
necessary medical and rehabilitative services, to an individual
to alleviate the adverse medical, psychological or physical
effects incident to opiate addiction. This term encompasses
detoxification treatment, short-term detoxification treatment,
long-term detoxification treatment, maintenance treatment,
comprehensive maintenance treatment and interim maintenance
treatment.
"Outpatient services" means all treatment and rehabilitation
services, including but not limited to medical, psychological,
vocational and social rehabilitational services, for drug and
alcohol abuse and dependence provided while the patient is not a
resident of a treatment institution.
"Prevention, intervention and treatment" means all
appropriate forms of educational programs and services
(including but not limited to radio, television, films, books,
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pamphlets, lectures, adult education and school courses);
planning, coordinating, statistical, research, training,
evaluation, reporting, classification, and other administrative,
scientific or technical programs or services; and screening,
diagnosis, treatment (emergency medical services, inpatient
services, intermediate care and outpatient services), vocational
rehabilitation, job training and referral, and other
rehabilitation programs or services.
"State plan" means the master State plan for the control,
prevention, treatment, rehabilitation, research, education and
training aspects of drug and alcohol abuse and dependence
problems.
"Welfare assistance" means "assistance" as defined in section
402 of the Public Welfare Code and "State Blind Pension" as
defined by section 502 of the Public Welfare Code.
Section 2. The act is amended by adding a section to read:
Section 4.1. Opioid Addiction Treatment.--The department, in
conjunction with the bureau and the council, shall develop and
adopt standards for providers of opioid addiction treatment
programs to address risks presented on this Commonwealth's
roadways by persons prescribed methadone. At a minimum, the
standards shall:
(1) Require a methadone clinic or provider who prescribes
methadone to immediately revoke any take-home permissions upon
notice of arrest or conviction of a patient for driving under
the influence.
(2) Prohibit a methadone clinic or provider from prescribing
an initial dose of methadone or increasing a methadone dosage by
more than 10 milligrams, unless the patient has made
arrangements for a designated driver.
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(3) Require regular testing for any and all legal or illegal
substances which, in combination with methadone, would increase
the probability of impaired driving.
Section 3. This act shall take effect in 60 days.
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