PRINTER'S NO. 1063
No. 955 Session of 1999
INTRODUCED BY SERAFINI, PLATTS, STABACK, BELFANTI, CHADWICK,
COLAFELLA, READSHAW, ROBINSON, SEYFERT, SHANER, TRELLO AND
HARHAI, MARCH 22, 1999
REFERRED TO COMMITTEE ON HEALTH AND HUMAN SERVICES,
MARCH 22, 1999
AN ACT
1 Amending the act of April 9, 1929 (P.L.177, No.175), entitled
2 "An act providing for and reorganizing the conduct of the
3 executive and administrative work of the Commonwealth by the
4 Executive Department thereof and the administrative
5 departments, boards, commissions, and officers thereof,
6 including the boards of trustees of State Normal Schools, or
7 Teachers Colleges; abolishing, creating, reorganizing or
8 authorizing the reorganization of certain administrative
9 departments, boards, and commissions; defining the powers and
10 duties of the Governor and other executive and administrative
11 officers, and of the several administrative departments,
12 boards, commissions, and officers; fixing the salaries of the
13 Governor, Lieutenant Governor, and certain other executive
14 and administrative officers; providing for the appointment of
15 certain administrative officers, and of all deputies and
16 other assistants and employes in certain departments, boards,
17 and commissions; and prescribing the manner in which the
18 number and compensation of the deputies and all other
19 assistants and employes of certain departments, boards and
20 commissions shall be determined," providing for methadone
21 treatment facility licensing.
22 The General Assembly of the Commonwealth of Pennsylvania
23 hereby enacts as follows:
24 Section 1. The act of April 9, 1929 (P.L.177, No.175), known
25 as The Administrative Code of 1929, is amended by adding a
26 section to read:
1 Section 2126. Methadone Treatment Facility Licensing.--(a)
2 (1) Owners and operators of methodone treatment facilities
3 licensed by the Department of Health shall require each
4 prospective employe to submit with that person's employment
5 application, pursuant to 18 Pa.C.S. Ch.91 (relating to criminal
6 history record information), a report of criminal history record
7 information from the Pennsylvania State Police or a statement
8 from the Pennsylvania State Police that its central repository
9 contains no such information relating to that person. This
10 criminal history record information shall be limited to that
11 which is disseminated pursuant to 18 Pa.C.S. § 9121(b)(2)
12 (relating to general regulations). An applicant for employment
13 may submit a copy of the required information with the
14 application for employment. Administrators shall maintain a copy
15 of the required information and shall require each applicant to
16 produce the original report prior to employment. All current
17 employes of methadone treatment facilities shall obtain and
18 submit this report within six months from the effective date of
19 this section. Failure to submit this report in accordance with
20 this provision shall constitute grounds for dismissal.
21 (2) Owners and operators of methadone treatment facilities
22 seeking initial licensure from the department, as well as those
23 applying for a renewal license to continue operating such
24 facilities, shall submit with their licensure applications,
25 pursuant to 18 Pa.C.S. Ch. 91, a report of criminal history
26 record information from the Pennsylvania State Police or a
27 statement from the Pennsylvania State Police that its central
28 respository contains no such information, with respect to any
29 person possessing an ownership interest in the facilities. This
30 criminal history record information shall be limited to that
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1 which is disseminated pursuant to 18 Pa.C.S. § 9121(b)(2).
2 (3) No person shall be employed by, or possess an ownership
3 interest in, a methadone treatment facility where the report of
4 criminal history record information indicates the person has
5 been convicted, within five years immediately preceding the date
6 of the report, of any of the following offenses:
7 (i) An offense under the act of April 14, 1972 (P.L.233,
8 No.64), known as "The Controlled Substance, Drug, Device and
9 Cosmetic Act."
10 (ii) A Federal or State offense similar in nature to an
11 offense under subparagraph (i).
12 (4) This subsection shall apply to all current and
13 prospective employes of, and persons possessing an ownership
14 interest in, methadone treatment facilities licensed by the
15 department.
16 (b) The department shall refuse an application for initial
17 licensure, or annual licensure renewal, for a methadone
18 treatment facility if any of the following apply:
19 (1) The facility is or would be within one-half mile of any
20 church, charitable institution, school or public playground.
21 (2) The facility is or would be within one-half mile of any
22 child day-care center or family day-care home.
23 (3) The facility is or would be within one-half mile of any
24 Pennsylvania liquor store established, operated and maintained
25 pursuant to the terms of Article III of the act of April 12,
26 1951 (P.L.90, No.21), known as the "Liquor Code."
27 (4) The facility is or would be within one-half mile of any
28 hotel, restaurant or club possessing a retail liquor license
29 issued pursuant to the terms of Article IV of the "Liquor Code."
30 (5) The facility is or would be located within one-half mile
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1 of any older adult daily living center licensed by the
2 Department of Aging pursuant to the act of July 11, 1990
3 (P.L.499, No.118), known as the "Older Adult Daily Living
4 Centers Licensing Act."
5 (6) The facility is or would be located within one-half mile
6 of any "senior center" as the term is defined in section 3 of
7 the act of December 17, 1984 (P.L.999, No.201), known as the
8 "Senior Center Grant Program Act."
9 (7) The facility is or would be located within seventy-five
10 miles of an existing methadone treatment facility, unless a
11 clear need for the new facility is determined to exist following
12 department investigation.
13 (8) The owner and operator of the facility fails to comply
14 with the duties prescribed by or violates the prohibitions set
15 forth in subsection (a).
16 (9) The individual or entity applying for licensure has
17 failed to provide other department-certified alcohol and drug
18 treatment services within this Commonwealth for two years prior
19 to the date of application.
20 (10) The department determines that the facility is or would
21 be detrimental to the health, welfare, peace or morals of the
22 inhabitants of the neighborhood within a radius of one-half mile
23 of the facility.
24 (c) The department shall promulgate regulations to implement
25 this section.
26 (d) A methadone treatment facility shall comply with all
27 applicable Federal and State regulations concerning the
28 administration, dispensing and storage of methadone. The
29 provisions of this section shall be in addition to all other
30 Federal and State requirements governing the operation of
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1 methadone projects.
2 (e) As used in this section, the following words and phrases
3 shall have the meanings given to them in this subsection:
4 "Child day-care center" shall mean a premises subject to
5 Department of Public Welfare supervision under Article IX of the
6 act of June 13, 1967 (P.L.31, No.21), known as the "Public
7 Welfare Code," or departmental licensing under Article X of that
8 act, in which child day care is provided simultaneously for
9 seven (7) days or more to children who are not relatives of the
10 provider of the child day care.
11 "Family day-care home" shall mean a home required to be
12 registered with the Department of Public Welfare under Article X
13 of the act of June 13, 1967 (P.L.31, No.21), known as the
14 "Public Welfare Code," in which child day care is provided at
15 any one time to between four to six children who are not
16 relatives of the provider of the child day care.
17 "Methadone treatment facility" shall mean a site, the primary
18 purpose of which is to conduct projects approved by the
19 Department of Health, which projects use the drug methadone in
20 the treatment, maintenance or detoxification of persons.
21 Section 2. This act shall take effect in 60 days.
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