2023 Pennsylvania Consolidated & Unconsolidated Statutes › Act 66 - ADMINISTRATIVE CODE OF 1929 - POWERS AND DUTIES AND REGULATORY FLEXIBILITY DURING OPIOID EPIDEMIC

Session of 2023
No. 2023-66
SB 941
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 and providing for regulatory flexibility during opioid epidemic.
The General Assembly of the Commonwealth of Pennsylvania hereby enacts as follows:
Section 1.  Section 2301-A(7) of the act of April 9, 1929 (P.L.177, No.175), known as The Administrative
            Code of 1929, is amended and the section is amended by adding a paragraph to read:
Section 2301-A.  Powers and duties.
The Department of Drug and Alcohol Programs shall have the power and its duty shall
            be:
* * *
(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.]
As follows:
(i)  To submit an annual report to the General Assembly which shall:
(A)  Specify the actions taken, services provided 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.
* * *
(8.2)  To support the following:
(i)  Substance use disorder treatment providers and their workforce by evaluating, on a
            quarterly basis:
(A)  Barriers to entry into the workforce, including years of experience in the field of
            substance use disorder treatment, counseling, therapy or other functions beyond the
            qualifications specified under 28 Pa. Code Ch. 704 (relating to staffing requirements
            for drug and alcohol treatment activities).
(B)  Efforts to address the barriers specified under clause (A).
(ii)  Individuals in recovery seeking to work in the field of addiction treatment and recovery
            as provided in paragraph (1)(xiv).
* * *
Section 2.  The act is amended by adding a section 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):
(1)  28 Pa. Code § 704.7(b)(1) (relating to qualifications for the position of counselor)
            insofar as the regulation precludes an individual licensed in this Commonwealth as
            any of the following from serving as a counselor:
(i)  A certified registered nurse practitioner under the act of May 22, 1951 (P.L.317,
            No.69), known as The Professional Nursing Law.
(ii)  A physician assistant under the act of October 5, 1978 (P.L.1109, No.261), known as
            the Osteopathic Medical Practice Act, or the act of December 20, 1985 (P.L.457, No.112),
            known as the Medical Practice Act of 1985.
(2)  28 Pa. Code § 704.7(b)(3), (4) and (5) insofar as the regulation requires a counselor
            to have a certain amount of years of clinical experience in a health or human service
            agency, if the counselor meets the postsecondary degree requirements specified under
            28 Pa. Code § 704.7(b)(3), (4) or (5).
(3)  28 Pa. Code § 704.8(a) (relating to qualifications for the position of counselor assistant)
            insofar as the regulation prohibits a counselor supervisor or counselor to supervise
            more than one counselor assistant. In such a case, the counselor supervisor or counselor
            may not supervise more than three counselor assistants.
(4)  28 Pa. Code § 704.12(a)(1) (relating to full-time equivalent (FTE) maximum client/staff
            and client/counselor ratios) insofar as the regulation prohibits:
(i)  One full-time equivalent primary care staff person to be available for every 10 clients
            during primary care hours.
(ii)  An individual licensed in this Commonwealth as any of the following from fulfilling
            the on-call physician requirement:
(A)  A certified registered nurse practitioner under The Professional Nursing Law.
(B)  A physician assistant under the Osteopathic Medical Practice Act or the Medical Practice
            Act of 1985.
(5)  28 Pa. Code § 704.12(a)(3)(i) insofar as the regulation prohibits one full-time equivalent
            counselor to be available for every 12 adult clients.
(6)  28 Pa. Code § 704.12(d) insofar as the regulation prohibits the suspension of regulations
            under this subsection.
(b)  Notification.--A project director shall notify the Department of Drug and Alcohol
            Programs in writing or by email of the intent to utilize the regulatory flexibility
            under this section.
(c)  Applicability.--
(1)  This section shall apply during the existence of an opioid epidemic. For purposes
            of this section, an opioid epidemic shall be deemed to exist beginning on the effective
            date of this section.
(2)  This section shall not apply when an opioid epidemic does not exist.
(3)  Except for the opioid epidemic deemed to exist beginning on the effective date of
            this section, the Secretary of Drug and Alcohol Programs shall, upon determining that
            an opioid epidemic does or does not exist, transmit notice to the Legislative Reference
            Bureau for publication in the next available issue of the Pennsylvania Bulletin. The
            periods of applicability of this section shall begin or end upon publication of the
            notice in the Pennsylvania Bulletin.
(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 3.  This act shall take effect immediately.
APPROVED--The 14th day of December, A.D. 2023.
JOSH SHAPIRO