Section 613.3 - Regulatory flexibility during opioid epidemic (Adm. Code§2303-A)(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).
Added by P.L. (number not assigned at time of publication) 2023 No. 66,§ 2, eff. 12/14/2023.