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.

SENATE AMENDED
PRIOR PRINTER'S NOS. 1228, 1298 PRINTER'S NO. 3692
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, KHAN, CEPEDA-FREYTIZ AND
CIRESI, APRIL 3, 2025
SENATOR BROOKS, HEALTH AND HUMAN SERVICES, IN SENATE, AS
AMENDED, JUNE 24, 2026
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; providing for judicial administration; 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," in powers and duties of the Department of Drug
and Alcohol Programs, further providing for powers and
duties.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 2301-A introductory paragraph, (1), (2),
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(4), (5), (7) and (8) of the act of April 9, 1929 (P.L.177,
No.175), known as The Administrative Code of 1929, are amended
and the section is amended by adding a subsection to read:
Section 2301-A. Powers and duties.
(a) 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] substance use disorder. The
State plan shall include, but not be limited to, provisions
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 problems] substance use disorder 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] challenges of [drug
and alcohol abuse and dependence] substance use disorder,
including, but not limited to, those relating to support
services included under vocational rehabilitation,
[manpower] workforce development and training, senior
citizens, law enforcement assistance, parole and
probation systems, jails and prisons, health research
facilities, [mental retardation facilities] intellectual
disability or autism diagnosis and community mental
health centers, juvenile delinquency, health professions,
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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, 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] substance use disorder 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 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] substance use disorder, 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
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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] substance use
disorder.
(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
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] substance use
disorder, including the encouragement of such programs by
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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] substance use disorder.
(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] substance use
disorder.
(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] substance use
disorder, for law enforcement officials, including
prosecuting attorneys, court personnel, the judiciary,
probation and parole 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]
individuals who may have substance use disorders.
(xiv) Recruitment, training, organization and
employment of professional and other persons, including
[former drug and alcohol abusers and dependent persons]
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individuals in recovery from substance use disorders, to
organize and participate in programs of public education.
(xv) Treatment and [rehabilitation] supportive
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]
supportive and outpatient services.
(xvi) Giving priority to developing [community-based
drug or alcohol abuse] substance use disorder 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] individuals
with substance use disorders.
(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
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
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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] individuals with
substance use disorders 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] supportive 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] substance use
disorder centers. The standards shall prohibit private
and public substance use disorder treatment [and
rehabilitation] facilities from denying [addiction]
treatment to an individual solely due to a negative
result on a drug test.
(xix) Grants and contracts for the prevention,
intervention and treatment of [drug and alcohol
dependence] substance use disorder. 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]
substance use disorder with the Commonwealth. Any grant
made or contract entered into by a department or agency
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shall be pursuant to the functions allocated to that
department or agency by the State plan.
(xx) Preparation of general regulations for and
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] at least every three TWO years , 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, 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
act of July 31, 1968 (P.L.769, No.240), referred to as the
Commonwealth Documents Law.
* * *
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(4) To gather and publish statistics pertaining to [drug
and alcohol abuse and dependence] substance use disorder 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] substance use
disorder and related [problems] challenges. Such statistics
and reports shall not reveal the identity of any [patient or
drug or alcohol-dependent person] individuals receiving
services 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] substance use disorder. 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]
substance use disorder and the toxicology and pharmacology
effects on the health of [drug and alcohol abusers]
individuals with substance use disorders 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.
* * *
(7) As follows:
(i) To submit an annual report to the General
Assembly which shall:
(A) Specify the actions taken, services provided
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and funds expended, including an evaluation of their
effectiveness.
(B) Contain the current State plan.
(C) Contain the most recent quarterly
evaluations by the Department of Drug and Alcohol
Programs of the information specified under paragraph
(8.2)(i).
(D) Specify the actions taken in accordance with
section 2303-A.
(ii) To submit additional reports as requested by
the General Assembly and recommendations to further the
prevention, treatment and control of [drug and alcohol
abuse and dependence] substance use disorder.
(8) To make provisions 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] substance use disorder treatment
programs and services.
* * *
(b) Definition.--As used in this section, the term
"substance use disorder" means a pattern of use of alcohol or
other drugs leading to clinical or functional impairment.
Section 2. This act shall take effect immediately.
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