Section 613.1 - Powers and duties (Adm. Code Section 2301-A)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. 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 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 of drug and alcohol abuse and dependence, including, but not limited to, those relating to vocational rehabilitation, manpower development and training, senior citizens, law enforcement assistance, parole and probation systems, jails and prisons, health research facilities, mental retardation facilities and community mental health centers, juvenile delinquency, health professions, 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 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, 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 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.(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, including the encouragement of such programs by 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.(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.(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, 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.(xiv) Recruitment, training, organization and employment of professional and other persons, including former drug and alcohol abusers and dependent persons, to organize and participate in programs of public education.(xv) Treatment and rehabilitation 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 and outpatient services.(xvi) Giving priority to developing community-based drug or alcohol abuse 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.(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 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 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 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 centers. The standards shall prohibit private and public 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. 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 with the Commonwealth. Any grant made or contract entered into by a department or agency 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, 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.(3) In accordance with the State plan, to allocate the responsibility for all services, programs and other efforts provided for among the appropriate departments, agencies and other State personnel. The department, through its employees, shall have the power and its duty shall be to implement compliance with the provisions of the State plan and to coordinate all such efforts.(4) To gather and publish statistics pertaining to drug and alcohol abuse and dependence 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 and related problems. Such statistics and reports shall not reveal the identity of any patient or drug or alcohol-dependent person 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. 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 and the toxicology and pharmacology effects on the health of drug and alcohol abusers 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.(6) To require all appropriate State and local departments, agencies, institutions and others engaged in implementing the State plan to submit as often as necessary, but no less often than annually, reports detailing the activities and effects of the implementation and recommending appropriate amendments to the State plan. The department may direct a performance audit of any activity engaged in pursuant to the State plan.(7) 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) 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 programs and services.(8.1)To require inpatient treatment facilities to notify as appropriate, by a method consented to by the patient, an emergency contact designated by a patient if the patient leaves a treatment facility against medical advice, provided that the patient has not revoked consent to notify the emergency contact. Notification must occur immediately and in no event later than 12 hours of a patient leaving against medical advice. Treatment facilities shall attempt to notify the emergency contact at least once and develop policies and procedures to implement this paragraph, which shall include advising patients of notifications required to be made by treatment facilities. The provisions of this paragraph shall not apply where the treatment facility has knowledge of or reason to know of allegations of domestic abuse perpetrated upon the patient by the emergency contact. This paragraph may not be interpreted to hold the treatment facility liable beyond its duties therein.(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). (9) The department shall have the power to promulgate the rules and regulations necessary to carry out the provisions of this article.Amended by P.L. (number not assigned at time of publication) 2023 No. 66,§ 1, eff. 12/14/2023.Amended by P.L. TBD 2022 No. 101, § 1, eff. 1/3/2022.1929, April 9, P.L. 177, No. 175, art. XXIII-A, § 2301-A, added 2010, July 9, P.L. 348, No. 50, § 10, effective 7/1/2011.