Pennsylvania Code › Title 28 - HEALTH AND SAFETY › Part V - Department of Drug and Alcohol Programs › Chapter 701 - GENERAL PROVISIONS › Subchapter A - DEFINITIONS › Section 701.1 - General definitions

Current through Register Vol. 54, No. 28, July 13, 2024
The following words and terms, when used in this part, have
					 the following meanings, unless the context clearly indicates otherwise:
Act
-The Pennsylvania Drug and Alcohol
					 Abuse Control Act (71 P. S. §§
											1690.101-1690.115).
Active client
-A client in any phase of
					 treatment.
Administration activity
-The provision of
					 planning, organizing, funding and control of the SCA drug and alcohol
					 program.
Aftercare plan
-A plan for clients to
					 follow after they leave formal treatment. It is the client's individual plan
					 for the future, including an identification of the client's personal goals and
					 objectives.
Agent
-A Commonwealth approved opioid
					 pharmacotherapy substance.
CSAT
-Center for substance abuse
					 treatment.
Caseload
-The number of clients who are
					 receiving direct counseling services on a regular basis at least twice per
					 month. The number of clients does not include clients who are seen by a
					 counselor only for intake evaluations.
Case management
-An organized system of
					 coordinative activities developed and administered by the SCA to ensure client
					 continuity of service, efficient and effective utilization of available
					 resources, and appropriateness of service to meet the needs of the
					 client.
Certificate of compliance
-A certificate
					 which indicates that the Department has found a drug and alcohol treatment
					 activity, which is part of a health care facility, to be in full or substantial
					 compliance with standards established by the Department.
Client
-An individual who is or has been
					 the recipient of the services of a project. A client may be receiving drug
					 services, alcohol services, or both.
Client records
-The medical,
					 psychological, social, occupational and financial data obtained as part of the
					 diagnosis, classification and treatment of a client.
Clinical supervisor
-The director of
					 treatment services who supervises counselors and counselor assistants and who
					 meets the education and experience requirements in Chapter 704 (relating to
					 staffing requirements for drug and alcohol treatment activities).
Close supervision
-Formal documented case
					 review and an additional hour of direct observation by a supervising counselor
					 or a clinical supervisor once a week.
Commonwealth approved opioid pharmacotherapy
					 substance
-Methadone, LAAM or other controlled drug approved by the
					 Department for the detoxification or maintenance of opiate addiction.
Controlled substance
-A drug, substance or
					 an immediate precursor included in Schedules I through V of the Pennsylvania
					 Controlled Substance, Drug, Device, and Cosmetic Act (35 P. S.
					 §§
											780-101-780-149).
Correctional institution activity
-The
					 provision of drug or alcohol services within or under the jurisdiction of a
					 State or county correctional facility.
Counselor
-An individual who provides a
					 wide variety of treatment services which may include performing diagnostic
					 assessments for chemical dependency, developing treatment plans, providing
					 individual and group counseling and other treatment modes and who meets the
					 education and experience requirements in Chapter 704.
Counselor assistant
-An entry level
					 position for an individual without counseling experience who provides treatment
					 services under the direct supervision of a trained counselor or clinical
					 supervisor. This individual shall complete a structured supervision and
					 training program as delineated in §§
										704.9 and
					 704.11(g)
					 (relating to supervision of counselor assistant; and staff development
					 program). The length of time spent in assistant status is dependent upon
					 previous education and clinical experience and satisfactory completion of the
					 performance evaluation completed during the assistant status.
Department
-The Department of Drug and
					 Alcohol Programs of the Commonwealth.
Department-approved curriculum
-Training
					 courses developed or funded by the National Institute on Drug Abuse (NIDA), the
					 National Institute on Alcohol Abuse and Alcoholism (NIAAA), the Office for
					 Substance Abuse Prevention (OSAP), the Department or other Federal or State
					 agencies.
DEA
-The Federal Drug Enforcement
					 Administration.
Detoxification of a narcotic dependent person
					 utilizing an agent-
Dispensing of an agent in decreasing doses to an
					 individual to alleviate adverse physiological or psychological effects incident
					 to withdrawal from the continuous or sustained use of an opiate and for
					 assisting patients in reaching and maintaining a narcotic drug-free state of
					 detoxification.
Direct observation
-In person observation
					 of staff working in a clinical setting for the purpose of planning, oversight,
					 monitoring and evaluating their activities.
Driving under the influence activity
-The
					 provision of services aimed at the reduction of alcohol related motor vehicle
					 offenses through education, information and consultation; identification of
					 individuals in need of treatment; and referral to other resources.
Drug
-A substance:
(i) Recognized in the official or supplement
				  to either the United States Pharmacopeia or official National
				  Formulary.
(ii) Intended for use in
				  the diagnosis, cure, mitigation, treatment or prevention of disease in man or
				  other animals.
(iii) Other than
				  food, intended to affect the structure or function of the body of man or other
				  animals.
(iv) Intended for use as a
				  component of any article specified in subparagraph (i), (ii) or (iii), but not
				  including devices or their components, parts or accessories.
Drug and alcohol specialist
-The
					 administrator of a drug and alcohol planning council.
Drug dependent person
-A person who is
					 using a drug, controlled substance or alcohol, and who is in a state of psychic
					 or physical, or both, dependence arising from administration of that drug,
					 controlled substance or alcohol, on a continuing basis.
Drug free approach
-The provision of
					 guidance, advice, and psychological treatment as a means to deal with the
					 client's emotional structure and concurrent problems without the use of a
					 maintenance substance. Temporary medication for treatment of physiological
					 conditions or as an adjunct to psychosocial treatment may be utilized in this
					 approach.
Drug screening
-A clinical test to detect
					 a drug or its metabolities in human biological fluid.
Dynamic capacity
-The maximum number of
					 clients that can be treated in 1 year in each activity or activity/approach
					 combination.
Evaluation activity
-The systematic
					 collection, analysis and interpretation of objective data pertaining to the
					 measurement of success in achieving goals and objectives or to the development
					 of a needs assessment.
Executive director
-The administrator of a
					 drug and alcohol commission.
Experimental approach
-An innovative
					 treatment approach not generally utilized for treatment of drug and alcohol
					 clients.
Facility
-The physical location in which
					 ongoing, structured and systematic drug and alcohol services are delivered. A
					 facility may have more than one activity.
Facility director
-The administrator of
					 the treatment facility who is responsible for the overall management of the
					 facility and staff and who meets the education and experience requirements in
					 Chapter 704.
Follow-up
-The procedure by which a
					 project determines the status of a client who has been referred to an outside
					 service provider for services or who has been discharged from the
					 project.
Freestanding treatment facility
-The
					 setting in which drug and alcohol treatment services take place that is not
					 located in a health care facility.
Governing body
-The persons with full
					 legal responsibility for the overall operation of the project.
Health care facility
-
(i) A general, tuberculosis, chronic disease
				  or other type of hospital-but not hospitals caring exclusively for the mentally
				  ill-a skilled nursing facility, home health care agency, intermediate care
				  facility, ambulatory surgical facility or birth center-regardless of whether
				  the health care facility is created for profit, nonprofit, or by an agency of
				  the Commonwealth or local government.
(ii) The term does not include an office used
				  primarily for the private practice of medicine, osteopathy, optometry,
				  chiropractic, podiatry or dentistry; nor a program which renders treatment or
				  care for drug or alcohol abuse or dependence, unless located within a health
				  facility; nor a facility providing treatment solely on the basis of prayer or
				  spiritual means.
(iii) The term
				  does not include a mental retardation facility except to the extent that it
				  provides skilled nursing care.
(iv)
				  The term does not apply to a facility which is conducted by a religious
				  organization for the purpose of providing health care services exclusively to
				  clergymen or other persons in a religious profession who are members of a
				  religious denomination.
Inpatient hospital activity
-The provision
					 of detoxification or treatment and rehabilitation services, or both, 24 hours a
					 day, in a hospital. The hospital shall be licensed by the Department as an
					 acute care or general hospital, or approved by the Department of Public Welfare
					 as a psychiatric hospital.
Inpatient nonhospital activity
-A
					 nonhospital, residential facility, providing one of the following drug and
					 alcohol services:
(i) Residential
				  treatment and rehabilitation services.
(ii) Transitional living services.
(iii) Short-term detoxification.
Intake, evaluation and referral
					 activity
-The provision of intake and referral by a facility designated
					 by the SCA to perform those services centrally for two or more facilities
					 within that SCA.
Intervention level
-The provision of
					 services aimed at assisting the client in coping with a specific crisis or
					 other situation in his life for which his customary modes of adaptation have
					 proved inadequate. This level is aimed at assisting in decision making and
					 supporting the client until he can cope with the situation independently.
					 Referral is provided if the need for a structured treatment regimen or other
					 services is indicated.
Joinder
-A drug and alcohol administrative
					 unit whose geographic area consists of two or more counties.
License
-A certificate which indicates
					 that the Department has found a freestanding treatment facility to be in full
					 or substantial compliance with standards established under this part.
Local authority
-The elected executive
					 officials of a county.
Long-term detoxification
					 treatment
-Detoxification treatment for more than 30 days but not in
					 excess of 180 days.
Long-term residential
					 facilities
-Facilities where the average length of stay exceeds 90
					 days.
MH/MR administrator
-The person appointed
					 by the local authority to carry out duties, as provided in the Mental Health
					 and Mental Retardation Act of 1966 (50 P. S. §§
											4101-4704), within a county MH/MR
					 program.
Maintenance treatment
-Dispensing of an
					 agent in sufficient doses to an individual on a continuing basis in conjunction
					 with assessment, rehabilitation, treatment and ancillary services, to achieve
					 stabilization or prevent withdrawal symptoms for treatment of an individual
					 with an opiate dependency.
Medical director
-A narcotic treatment
					 physician who assumes responsibility for the administration of all medical
					 services performed in the narcotic treatment program, including ensuring that
					 the program is in compliance with all Federal, State and local laws and
					 regulations regarding the medical treatment of narcotic addiction with a an
					 agent.
Medication
-A prescription drug ordered by
					 a licensed physician.
Medication unit
-A facility established as
					 part of, but geographically separate from, the narcotic treatment program site,
					 from which a retail pharmacist or a practitioner, who is licensed under State
					 law and registered under Federal law to administer or dispense a narcotic drug,
					 may dispense or administer a narcotic drug or collect samples for drug testing
					 or analysis for narcotic drugs.
Narcotic or opioid dependent person
-An
					 individual who physiologically needs heroin or an opiate to prevent the onset
					 of signs of withdrawal and who meets the accepted diagnostic criteria for
					 opioid dependence.
Narcotic treatment physician
-A physician
					 who meets the qualifying criteria in §
										715.6(a)(1)(i)-(iii)
					 who is employed or contracted by a narcotic treatment program to provide
					 medical services to patients.
Narcotic treatment program
-A program for
					 chronic opiate drug users that administers or dispenses agents under a narcotic
					 treatment physician's order either for detoxification purposes or for
					 maintenance and when appropriate or necessary provides a comprehensive range of
					 medical and rehabilitative services.
Nonresidential facility
-A facility that
					 does not provide sleeping accommodations and provides one or more of the
					 following activities: outpatient, partial hospitalization, intake, evaluation
					 or referral activities.
Occupational program activity/employee assistance
					 programs
-The provision of consultation, education, training and
					 referral services to industry to assist employees whose job performance is
					 deteriorating due to substance abuse.
Other chemotherapy approach
-A treatment
					 approach that includes chemotherapy using a primary medication for other than
					 detoxification purposes. The term implies continued doses of medication. If a
					 client receives only short-term medication for temporary symptomatic relief,
					 the client is entered under the drug free or the detoxification approach, as
					 appropriate.
Outpatient activity
-The provision of
					 counseling or psychotherapeutic services on a regular and predetermined
					 schedule. The client resides outside the facility.
Outreach
-Identifying persons who are in
					 need of services, and alerting them to the availability and location of the
					 services.
Paraprofessional
-An individual, currently
					 serving in a clinical capacity in a drug or alcohol treatment intervention or
					 prevention project, whose performance closely relates to the technical or
					 ethical standards normally ascribed to a professional.
Partial
					 hospitalization activity
-The provision of psychiatric, psychological,
					 social and other therapies on a planned and regularly scheduled basis. Partial
					 hospitalization is designed for those clients who would benefit from more
					 intensive services than are offered in outpatient treatment projects, but who
					 do not require 24-hour inpatient care.
Performance audit
-An examination of the
					 total fiscal and program operations of the SCA and its drug and alcohol
					 projects.
Physician
-An individual who has a
					 currently registered license to practice medicine or osteopathic medicine in
					 this Commonwealth.
Planning council/executive commission
-A
					 body of individuals appointed to plan, approve and coordinate the county drug
					 and alcohol program.
Primary care hours
-The primary hours of
					 operation during which primary care services are provided as established by the
					 facility and approved by the Department.
Primary care services
-Medical,
					 psychological, counseling and support services provided by primary care staff
					 in a treatment and rehabilitation activity as defined in this chapter.
Primary care staff
-The group of
					 individuals, including clinical supervisors, counselors, physicians,
					 physician's assistants, psychologists, registered nurses and licensed practical
					 nurses who provide primary care services and those individuals who are
					 responsible for developing and implementing the treatment plan.
Program
-The aggregate of drug and alcohol
					 projects under the jurisdiction of an SCA. This aggregation may be by type (SCA
					 alcohol program), by level (SCA prevention program) or may include drug and
					 alcohol projects (SCA drug and alcohol program).
Project
-The public or private
					 organization responsible for the administration and delivery of drug or alcohol
					 services, or both, through one or more facilities. A project is a component of
					 an SCA drug and alcohol program.
Project appoval
-The process for
					 determining a project's compliance with published standards and certifying that
					 the project is in compliance.
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 in Chapter
					 704.
Project staff
-Persons performing the
					 activities necessary for the operation of the project or facility.
Psychologist
-A person licensed to
					 practice psychology under the Professional Psychologists Practice Act
					 (63
					 P. S. §§
											1201-1218).
Psychotherapy
-Treatment of problems of an
					 emotional nature by psychological means in which a trained person deliberately
					 establishes a professional relationship with the patient with the objective of
					 removing, modifying or retarding existing symptoms, mediating disturbed
					 patterns of behavior and promoting positive personality growth and
					 development.
Residential facility
-An inpatient,
					 nonhospital facility or inpatient freestanding psychiatric hospital that
					 provides sleeping accommodations and provides one or more of the following
					 activities: residential treatment and rehabilitation services, transitional
					 living services or short-term detoxification services, 24 hours a day.
SCA-Single County Authority
-The agency
					 designated by the local authorities in a county or joinder to plan, fund and
					 administer drug and alcohol activities in that county or joinder. The SCA
					 consists of the planning council/executive commission, the specialist/executive
					 director, and, in the case of the planning council option, the MH/MR
					 administrator. The local authorities are the final fiscal and management
					 authority.
SCA level
-Those activities conducted by
					 the SCA which do not involve direct contact with clients or
					 participants.
SCA plan
-The annual drug and alcohol
					 prevention, intervention and treatment plan of the SCA.
Secretary
-The Secretary of the
					 Department.
Short-term detoxification activity
-The
					 provision of detoxification services in a residential facility, not to exceed 7
					 days.
Short-term detoxification
					 treatment
-Detoxification treatment for 30 days or less.
State authority
-The agency designated by
					 the Governor or other appropriate official to exercise the responsibility and
					 authority for the treatment of narcotic addiction with an agent.
Training activity
-The provision of
					 necessary education and experience used to prepare those who will work or are
					 currently working in the drug or alcohol field.
Transitional living activity
-The
					 provision of supportive services in a semiprotected home-like environment to
					 assist a client in his gradual reentry into the community. No formal
					 treatment-counseling/psychotherapy-takes place at the facility. This is a
					 live-in/work-out situation.
Treatment
-Activities carried out
					 specifically to effect the reduction or alleviation of the dysfunctions or
					 disability of the client.
Treatment and rehabilitation
					 activity
-Following the physiological detoxification phase, a full
					 range of treatment and supportive services carried out specifically to
					 alleviate the dysfunction of the patient. This includes the systematic
					 application of social, psychological or medical service methods to assist
					 individuals to deal with the causative effects or consequences of drug or
					 alcohol abuse. These services can be provided either in a hospital or
					 residential nonhospital setting licensed/approved by the Department.
Treatment level
-The activities aimed at
					 the systematic application of social, psychological or medical service methods
					 to assist individuals to deal with negative effects or consequences of drug and
					 alcohol use or abuse.
UDCS-Uniform Data Collection
					 System
-Includes the client management facet, the fiscal management
					 facet, and the program management facet set of forms developed and maintained
					 by the Department.
The provisions of this §
												701.1 amended under Articles IX
						and X of the Public Welfare Code (62 P. S. §§
													901-922 and
						1001-1059), as transferred to
						the Department under Reorganization Plan No. 2 of 1977 (71 P. S. §
													751-25) and Reorganization Plan No. 4
						(71
						P. S. §
													751-31); the Health Care
						Facilities Act (35 P. S. §§
													448.101-448.904b); the Pennsylvania Drug and
						Alcohol Abuse Control Act (71 P. S. §§
													1690.101-1690.114); Article VI-A of The
						Insurance Company Law of 1921 (40 P. S. §§
													908-1-908-8; and section 2301-A of The
						Administrative Code of 1929 (71 P. S. §
													613.1).
This section cited in 28 Pa. Code §
												49.17 (relating to Department of
						Health licensing of substance abuse services provided by professional
						counseling practices-statement of policy); 49 Pa. Code §
												33.205b (relating to practice as a
						public health dental hygiene practitioner); and 55 Pa. Code §
												1223.52a (relating to requirements
						for clinic supervisory physician reviews and reevaluations of diagnoses,
						treatment plans and updates-statement of
						policy).