Regular Session 2023-2024 Senate Bill 0875 P.N. 1038

PRINTER'S NO. 1038

THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

No.

875

Session of

2023

INTRODUCED BY TARTAGLIONE, DILLON, KANE, COLEMAN, FONTANA,

SCHWANK AND COSTA, AUGUST 16, 2023

REFERRED TO HEALTH AND HUMAN SERVICES, AUGUST 16, 2023

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, adding provisions relating to workforce

assisting individuals with substance use disorders; and

imposing duties on the Pennsylvania Advisory Council on Drug

and Alcohol Abuse.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Article XXIII-A of the act of April 9, 1929

(P.L.177, No.175), known as The Administrative Code of 1929, is

amended by adding a subarticle to read:

SUBARTICLE C

WORKFORCE ASSISTING INDIVIDUALS WITH

SUBSTANCE USE DISORDERS

Section 2321-A. Definitions.

The following words and phrases when used in this subarticle

shall have the meanings given to them in this section unless the

context clearly indicates otherwise:

"Certification body." A national certification body, or a

Statewide certification body that is a member of a national

certification body, that provides credentialing services for

individuals seeking certification for positions in the

workforce.

"Council." The Pennsylvania Advisory Council on Drug and

Alcohol Abuse established under the act of April 14, 1972

(P.L.221, No.63), known as the Pennsylvania Drug and Alcohol

Abuse Control Act.

"Department." The Department of Drug and Alcohol Programs of

the Commonwealth.

"Workforce." The individuals in this Commonwealth, including

individuals employed in the positions outlined under 28 Pa. Code

Ch. 704 (relating to staffing requirements for drug and alcohol

treatment activities) and other nonclinical positions, whose

work primarily entails providing services to individuals

recovering from or affected by a substance use disorder.

Section 2322-A. Training and certification practices.

The department shall ensure instructive, attainable and

accountable training and certification practices as they relate

to the workforce in accordance with this subarticle.

Section 2323-A. Certification bodies.

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In the event that the department enters into a contract with,

endorses or otherwise recognizes a certification body to provide

credentialing services for individuals seeking certification for

positions within the workforce, the department shall ensure by

contract, endorsement or other means of recognition that there

is at least one other certification body that also provides

similar credentialing services.

Section 2324-A. Conflict of interest.

It shall constitute a conflict of interest, and be unlawful,

for a certification body to offer or require completion of its

own self-developed training by individuals seeking certification

for positions within the workforce unless the training material

is strictly limited to ensuring safety or ethical conduct.

Section 2325-A. Training approval process.

(a) Duty of department.--The department shall require each

certification body to establish a clear and impartial process

for training approval, including a standardized application

procedure and approval criteria.

(b) Submission of process to department and posting.--A

certification body shall submit the training approval process to

the department and make the process publicly accessible on the

certification body's publicly accessible Internet website so

that an applicant may submit a request for training approval

electronically or in writing.

event that a certification body proposes a change to the

training approval process, the department shall conduct a

review. The review shall be conducted in consultation with

Statewide drug and alcohol addiction treatment and recovery

community associations and shall consider:

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(1) The effects on recruitment and retention of the

workforce.

(2) The impact on individuals from marginalized

communities who seek positions within the workforce.

(3) Other factors deemed relevant by the department or

by Statewide drug and alcohol addiction treatment and

recovery community associations as the factors relate to the

appropriate training of the workforce.

(d) Time period for review and notification.--After review,

the department shall have 45 days to notify, electronically or

in writing, the certification body of approval or disapproval of

the establishment of or a proposed change to the training

approval process. Electronic or written notice of approval as

submitted by the department shall be considered a necessary

condition for the establishment of or a proposed change to a

training approval process by a certification body.

Section 2326-A. Training approval requests.

(a) Certification body decision.--The department shall

require that a certification body in receipt of an applicant's

request for training approval shall either approve or deny the

request and notify the applicant, electronically or in writing,

no later than 15 days after the request's submission. In the

event a certification body does not issue a decision within the

15-day period, the training shall be considered approved and

promptly implemented by the certification body.

(b) Notification of denial.--In a notification of denial,

the certification body shall enumerate the reasons for denial

based on the established approval criteria and provide

recommendations for the request's revision that, if implemented

by the applicant, would constitute an approved request.

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(1) Following notification of denial, an applicant may

submit a revised request for training approval.

(2) The certification body shall either approve or deny

the revised request and notify the applicant, electronically

or in writing, no later than seven days after the revised

request's submission.

(3) In the event a certification body does not issue a

decision within seven days of the revised request's

submission, the revised training shall be considered approved

and promptly implemented by the certification body.

Section 2327-A. First-level appeal.

(a) Duty of department.--The department shall require each

certification body to establish a clear and impartial process of

appeal of a denial of an applicant's request or revised request

for training approval.

(b) Right of appeal.--An applicant has the right to appeal a

denial of a request or revised request for training approval to

the certification body that issued the denial.

(1) A certification body shall make the appeal process

publicly accessible on its Internet website so that an

applicant who has been denied a request or revised request

for training approval may file an appeal electronically or in

writing.

(2) An applicant filing an appeal may submit supporting

material, and the certification body shall consider the

supporting material.

(3) No later than 15 days after an appeal is filed by an

applicant, the certification body shall issue a decision of

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reversal or affirmation and notify the applicant

electronically or in writing.

(4) In the event of an affirmation, the certification

body shall enumerate the reasons for upholding the previous

denial based on the established approval criteria. In the

event of a reversal, the certification body shall promptly

approve and implement the training.

(5) The appeal process enumerated in this section shall

be considered a first-level appeal.

Section 2328-A. Second-level appeal.

If an applicant's first-level appeal is affirmed by a

certification body, an applicant has the right and may file a

further appeal to the Pennsylvania Advisory Council on Substance

Use in accordance with section 2331-A. The appeal process under

this section and section 2331-A shall be considered a second-

level appeal.

Section 2329-A. Annual review.

(a) Duty of department.--No later than 60 days after the

effective date of this section, and at least once in each

subsequent year thereafter, the department shall hold a meeting

with Statewide drug and alcohol addiction treatment and recovery

community associations to review the status of certification

requirements as they relate to the workforce.

(b) Comment period required.--The department shall allow a

period of 30 days immediately prior to the meeting to receive

comment by the public, which may be submitted to the department

electronically or in writing, for consideration at the meeting.

of the review are as follows:

(1) To identify and enumerate all certification

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requirements required by the department's regulations or

certification bodies that are unnecessary, unreasonable or

unduly burdensome as they relate to the recruitment,

retention and appropriate training of the workforce,

including, but not limited to, formal education, work

experience and time in recovery requirements.

(2) To identify and enumerate any certification

requirement that is currently omitted by the department's

regulations or certification bodies and that, if implemented,

would advance the recruitment, retention and appropriate

training of the workforce.

(3) To examine the types of trainings that are approved

and disapproved by certification bodies and identify and

enumerate additional types of training that, if implemented,

would advance the recruitment, retention and appropriate

training of the workforce.

(d) Report.--Based on its findings, the department shall

produce a report, make it available on the department's publicly

accessible Internet website and submit the report,

electronically or in writing, to Statewide drug and alcohol

addiction treatment and recovery community associations and each

certification body. The report shall:

(1) Issue directives to change, add or remove

certification requirements to each certification body.

(2) Make recommendations related to future training

approval practices to each certification body.

(3) Enumerate any department regulation that should be

amended or rescinded and any additional material not

currently implemented that should be promulgated.

(4) Make recommendations to Statewide drug and alcohol

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addiction treatment and recovery community associations

related to the development of future trainings.

Section 2330-A. Compliance required.

No later than 30 days after receiving a copy of the annual

report under section 2329-A, a certification body shall

implement any change, addition or removal of certification

requirements as required by the report's directives.

Implementation of the annual report's directives within 30 days

shall be considered a necessary condition for compliance with

the provisions of this subarticle.

Section 2331-A. Pennsylvania Advisory Council on Drug and

Alcohol Abuse.

(a) Duty to review second-level training approval appeals.--

The council shall review second-level training approval appeals.

(b) Process.--The council shall review each second-level

appeal filed by an applicant through a clear and impartial

process available on the department's publicly accessible

Internet website so that an applicant may file an appeal to the

council electronically or in writing.

shall consider:

(1) The training's effects on recruitment and retention

of the workforce.

(2) The impact on individuals from marginalized

communities who seek positions within the workforce.

(3) Any other factor deemed relevant by the council as

the factor relates to the appropriate training of the

workforce.

(d) Decision.--The council shall review an appeal and issue

a decision of affirmation or reversal by majority vote no later

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than the second meeting in which a quorum of council members is

present after the date the appeal is submitted to the council by

the applicant.

(e) Submission of supporting material and hearing.--

(1) An applicant filing an appeal and the certification

body that denied the applicant's request for training

approval may each submit supporting material, and the

supporting material shall be duly considered by the council.

(2) The council may request that the applicant or the

certification body submit additional evidence and may call a

hearing requesting the applicant and a representative of the

certification body appear before the council to provide

testimony.

(f) Notice of decision.--

(1) In the event the council affirms the previous

decision of the certification body, the council shall notify

the applicant and the certification body and shall enumerate

the reasons for upholding the previous decision.

(2) In the event the council reverses the previous

decision of the certification body, the council shall notify

the applicant and the certification body, and the

certification body shall promptly approve and implement the

training.

Section 2. This act shall take effect in 90 days.

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