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 regulatory flexibility during opioid epidemic.

PRINTER'S NO. 1035
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No. 909
Session of
2025
INTRODUCED BY TARTAGLIONE, KANE, FONTANA, COSTA AND SCHWANK,
JULY 8, 2025
REFERRED TO HEALTH AND HUMAN SERVICES, JULY 8, 2025
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 regulatory
flexibility during opioid epidemic.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 2303-A(d) of the act of April 9, 1929
(P.L.177, No.175), known as The Administrative Code of 1929, is
amended, subsection (a) is amended by adding paragraphs and the
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section is amended by adding a subsection to read:
Section 2303-A. Regulatory flexibility during opioid epidemic.
(a) Suspension.--The following regulations are suspended
during an opioid epidemic, as provided under subsection (c):
* * *
(2.1) 28 Pa. Code § 704.7(b)(6) insofar as the
regulation precludes an individual who meets any of the
following qualifications from serving as a counselor:
(i) Contingent upon a clinical supervisor's
assessment and approval, an individual:
(A) with lived experience with alcohol or drug
addiction and recovery;
(B) with at least one year of experience working
in a facility licensed by the Department of Drug and
Alcohol Programs; and
(C) who has an individualized training plan
developed and approved by the individual's clinical
supervisor or has completed the training requirements
under 28 Pa. Code § 704.11 (relating to staff
development program).
(ii) Contingent upon a clinical supervisor's
assessment and approval, an individual:
(A) with at least one year of experience working
in an internship or apprenticeship program in a
facility licensed by the Department of Drug and
Alcohol Programs; and
(B) who has an individualized training plan
developed and approved by the individual's clinical
supervisor or has completed the training requirements
under 28 Pa. Code § 704.11.
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* * *
(3.1) 28 Pa. Code § 704.10(b), (c) and (d) (relating to
promotion of counselor assistant).
* * *
(b.1) Additional qualification requirements.--During an
opioid epidemic as deemed to exist under subsection (c), the
Department of Drug and Alcohol Programs may not promulgate or
enforce any new qualification requirement, including a
requirement for an individual to obtain additional credentials,
for any of the positions included under 28 Pa. Code Ch. 704
(relating to staffing requirements for drug and alcohol
treatment activities).
* * *
(d) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection unless the context clearly indicates otherwise:
"Opioid epidemic." A public health crisis in which illicit
opioid use and abuse results in more than 1,000 confirmed
overdose deaths from an opioid in a calendar year over at least
three consecutive years in this Commonwealth, as the number of
deaths are reported by the Department of Health in the Coroner
and Medical Examiner Onboarding and Drug Overdose Death Monthly
Surveillance Report.
"Project director." The administrator of the treatment
project who is responsible for the overall management of the
project and staff and who meets the education and experience
requirements under 28 Pa. Code Ch. 704 [(relating to staffing
requirements for drug and alcohol treatment activities)].
Section 2. This act shall take effect in 60 days.
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