AN ACT

 

1Amending the act of April 9, 1929 (P.L.177, No.175), entitled
2"An act providing for and reorganizing the conduct of the
3executive and administrative work of the Commonwealth by the
4Executive Department thereof and the administrative
5departments, boards, commissions, and officers thereof,
6including the boards of trustees of State Normal Schools, or
7Teachers Colleges; abolishing, creating, reorganizing or
8authorizing the reorganization of certain administrative
9departments, boards, and commissions; defining the powers and
10duties of the Governor and other executive and administrative
11officers, and of the several administrative departments,
12boards, commissions, and officers; fixing the salaries of the
13Governor, Lieutenant Governor, and certain other executive
14and administrative officers; providing for the appointment of
15certain administrative officers, and of all deputies and
16other assistants and employes in certain departments, boards,
17and commissions; and prescribing the manner in which the
18number and compensation of the deputies and all other
19assistants and employes of certain departments, boards and
20commissions shall be determined," abolishing the Department
21of Drug and Alcohol Programs and transferring its powers and
22duties to the Department of Health.

23The General Assembly of the Commonwealth of Pennsylvania
24hereby enacts as follows:

25Section 1. Sections 201, as much as relates to the
26Department of Drug and Alcohol Programs in section 202, 206 and
27207.1(d)(1) of the act of April 9, 1929 (P.L.177, No.175), known
28as The Administrative Code of 1929, amended July 9, 2010

1(P.L.348, No.50), are amended to read:

2Section 201. Executive Officers, Administrative Departments
3and Independent Administrative Boards and Commissions.--(a) The
4executive and administrative work of this Commonwealth shall be
5performed by the Executive Department, consisting of the
6Governor, Lieutenant Governor, Secretary of the Commonwealth,
7Attorney General, Auditor General, State Treasurer, and
8Secretary of Education; by the Executive Board, and the
9Pennsylvania State Police; by the following administrative
10departments: Department of State, Office of Attorney General,
11Department of Corrections, Department of the Auditor General,
12Treasury Department, Department of Education, Department of
13Military Affairs, Insurance Department, Department of Banking,
14Department of Agriculture, Department of Transportation,
15Department of Health, [Department of Drug and Alcohol Programs],
16Department of Labor and Industry, Department of Aging,
17Department of Public Welfare, Department of General Services,
18Department of Revenue, Department of Community and Economic 
19Development, Department of Environmental Protection and 
20Department of Conservation and Natural Resources; and by the
21following independent administrative boards and commissions:
22Pennsylvania Game Commission, Pennsylvania Fish and Boat
23Commission, State Civil Service Commission, Pennsylvania Public
24Utility Commission and the Pennsylvania Securities Commission.

25(b) All of the provisions of this act, which apply generally
26to administrative departments, or generally except to the
27Department of the Auditor General, the Treasury Department and
28the Office of Attorney General, shall apply to the Executive
29Board and to the Pennsylvania State Police.

30Section 202. Departmental Administrative Boards,

1Commissions, and Offices.--The following boards, commissions,
2and offices are hereby placed and made departmental
3administrative boards, commissions, or offices, as the case may
4be, in the respective administrative departments mentioned in
5the preceding section, as follows:

6* * *

7[In the Department of Drug and Alcohol Programs,

8Bureau of Prevention and Intervention,

9Bureau of Treatment,

10Bureau of Administration.]

11All of the foregoing departmental administrative boards and
12commissions shall be organized or reorganized as provided in
13this act.

14Section 206. Department Heads.--Each administrative
15department shall have as its head an officer who shall, either
16personally, by deputy, or by the duly authorized agent or
17employe of the department, and subject at all times to the
18provisions of this act, exercise the powers and perform the
19duties by law vested in and imposed upon the department.

20The following officers shall be the heads of the
21administrative departments following their respective titles:

22Secretary of the Commonwealth, of the Department of State;

23Auditor General, of the Department of the Auditor General;

24State Treasurer, of the Treasury Department;

25Attorney General, of the Office of Attorney General;

26Secretary of Education, of the Department of Education;

27Adjutant General, of the Department of Military Affairs;

28Insurance Commissioner, of the Insurance Department;

29Secretary of Banking, of the Department of Banking;

30Secretary of Agriculture, of the Department of Agriculture;

1Secretary of Transportation, of the Department of

2Transportation;

3Secretary of Health, of the Department of Health;

4[Secretary of Drug and Alcohol Programs, of the

5Department of Drug and Alcohol Programs;]

6Secretary of Labor and Industry, of the Department of Labor

7and Industry;

8Secretary of Aging, of the Department of Aging;

9Secretary of Public Welfare, of the Department of Public

10Welfare;

11Secretary of Revenue, of the Department of Revenue;

12Secretary of Community and Economic Development, of the

13Department of Community and Economic Development;

14Secretary of Environmental Protection, of the Department of

15Environmental Protection;

16Secretary of Conservation and Natural Resources, of the

17Department of Conservation and Natural Resources;

18Secretary of General Services, of the Department of General

19Services;

20Secretary of Corrections, of the Department of Corrections.

21Section 207.1. Gubernatorial Appointments.--* * *

22(d) The Governor shall nominate in accordance with the
23provisions of the Constitution of the Commonwealth of
24Pennsylvania and, by and with the advice and consent of a
25majority of the members elected to the Senate appoint persons to
26fill the following positions:

27(1) The Secretary of Education, the Secretary of the
28Commonwealth, the Adjutant General, the Insurance Commissioner,
29the Secretary of Banking, the Secretary of Agriculture, the
30Secretary of Transportation, the Secretary of Health, [the
 

1Secretary of Drug and Alcohol Programs,] the Commissioner of the
2State Police, the Secretary of Corrections, the Secretary of
3Labor and Industry, the Secretary of Aging, the Secretary of
4Public Welfare, the Secretary of General Services, the Secretary
5of Revenue, the Secretary of Community and Economic Development,
6the Secretary of Environmental Protection and the Secretary of
7Conservation and Natural Resources.

8* * *

9Section 2. Section 2114 of the act, added May 2, 1949
10(P.L.817, No.213), is amended to read:

11Section 2114. [Alcoholism] Drug and Alcohol Abuse and 
12Dependence.--The Department of Health shall have the power, and
13its duty shall be:

14[(a) To investigate the subject of alcoholism in respect to
15rehabilitation and compile and maintain reliable statistics
16indicating the effectiveness of any rehabilitation programs
17carried forward by State-aided clinics for alcoholics, State
18hospitals and State-aided hospitals receiving alcoholics;

19(b) To take such other steps as may be necessary to procure
20such information and data as may be deemed helpful in the
21treatment and rehabilitation of alcoholics.]

22(a) To develop and adopt a State plan for the control,
23prevention, intervention, treatment, rehabilitation, research,
24education and training aspects of drug and alcohol abuse and
25dependence problems. The State plan shall include, but not be
26limited to, provisions for:

27(1) Coordination of the efforts of all State agencies in the
28control, prevention, intervention, treatment, rehabilitation,
29research, education and training aspects of drug and alcohol
30abuse and dependence problems so as to avoid duplications and

1inconsistencies in the efforts of the agencies.

2(2) Coordination of all health and rehabilitation efforts to
3deal with the problem of drug and alcohol abuse and dependence,
4including, but not limited to, those relating to vocational
5rehabilitation, manpower development and training, senior
6citizens, law enforcement assistance, parole and probation
7systems, jails and prisons, health research facilities, mental
8retardation facilities and community mental health centers,
9juvenile delinquency, health professions, educational
10assistance, hospital and medical facilities, social security,
11community health services, education professions development,
12higher education, Commonwealth employes health benefits,
13economic opportunity, comprehensive health planning, elementary
14and secondary education, highway safety and the civil service
15laws.

16(3) Encouragement of the formation of local agencies and
17local coordinating councils, promotion of cooperation and
18coordination among such groups and encouragement of
19communication of ideas and recommendations from such groups to
20the Pennsylvania Advisory Council on Drug and Alcohol Abuse.

21(4) Development of model drug and alcohol abuse and
22dependence control plans for local government, utilizing the
23concepts incorporated in the State plan. The model plans shall
24be reviewed on a periodic basis, but not less than once a year,
25and revised to keep them current. The model plans shall specify
26how all types of community resources and existing Federal and
27State legislation may be utilized.

28(5) Assistance and consultation to local governments, public
29and private agencies, institutions and organizations and
30individuals with respect to the prevention and treatment of drug

1and alcohol abuse and dependence, including coordination of
2programs among them.

3(6) Cooperation with organized medicine to disseminate
4medical guidelines for the use of drugs and controlled
5substances in medical practice.

6(7) Coordination of research, scientific investigations,
7experiments and studies relating to the cause, epidemiology,
8sociological aspects, toxicology, pharmacology, chemistry,
9effects on health, dangers to public health, prevention,
10diagnosis and treatment of drug and alcohol abuse and
11dependence.

12(8) Investigation of methods for the more precise detection
13and determination of alcohol and controlled substances in urine
14and blood samples and by other means, and publication on a
15current basis of uniform methodology for such detections and
16determinations.

17(9) Any information obtained through scientific
18investigation or research conducted pursuant to this act shall
19be used in ways so that no name or identifying characteristics
20of any person shall be divulged without the approval of the
21department and the consent of the person concerned. Persons
22engaged in research pursuant to this section shall protect the
23privacy of individuals who are the subject of such research by
24withholding from all persons not connected with the conduct of
25such research the names or other identifying characteristics of
26such individuals. Persons engaged in the research shall protect
27the privacy of such individuals and may not be compelled in any
28State, civil, criminal, administrative, legislative or other
29proceeding to identify such individuals.

30(10) Establishment of training programs for professional and

1nonprofessional personnel with respect to drug and alcohol abuse
2and dependence, including the encouragement of such programs by
3local governments.

4(11) Development of a model curriculum, including the
5provision of relevant data and other information, for
6utilization by elementary and secondary schools for instructing
7children and for parent-teachers' associations, adult education
8centers, private citizen groups or other State and local sources
9for instruction of parents and other adults about drug and
10alcohol abuse and dependence.

11(12) Preparation of a broad variety of educational,
12prevention and intervention material for use in all media, to
13reach all segments of the population, that can be utilized by
14public and private agencies, institutions and organizations in
15educational programs with respect to drug and alcohol abuse and
16dependence.

17(13) Establishment of educational courses, including the
18provision of relevant data and other information on the causes
19and effects of and treatment for drug and alcohol abuse and
20dependence, for law enforcement officials, including prosecuting
21attorneys, court personnel, the judiciary, probation and parole
22officers, correctional officers and other law enforcement
23personnel, welfare, vocational rehabilitation and other State
24and local officials, who come in contact with drug abuse and
25dependence problems.

26(14) Recruitment, training, organization and employment of
27professional and other persons, including former drug and
28alcohol abusers and dependent persons, to organize and
29participate in programs of public education.

30(15) Treatment and rehabilitation services for male and

1female juveniles and adults who are charged with, convicted of
2or serving a criminal sentence for any criminal offense under
3the laws of the Commonwealth. Provision of similar services
4shall be made for juveniles adjudged to be delinquent, dependent
5or neglected. These services shall include, but are not limited
6to, emergency medical services, inpatient services and
7intermediate care, rehabilitative and outpatient services.

8(16) Giving priority to developing community-based drug or
9alcohol abuse treatment services in a cooperative manner among
10State and local governmental agencies and departments and public
11and private agencies, institutions and organizations.
12Consideration shall be given to supportive medical care,
13services or residential facilities for drug or alcohol dependent
14persons for whom treatment has repeatedly failed and for whom
15recovery is unlikely.

16(17) Establishment of a system of emergency medical services
17for persons voluntarily seeking treatment, for persons admitted
18and committed to treatment facilities according to the
19procedural admission and commitment provisions of the act of
20July 9, 1976 (P.L.817, No.143), known as the "Mental Health
21Procedures Act," and for persons charged with a crime under
22Pennsylvania law. Upon the establishment of such emergency
23medical services, the Department of Health, by regulation, shall
24require that appropriate emergency medical services be made
25available to all drug and alcohol abusers who are arrested for a
26crime under Pennsylvania law.

27(18) Providing standards for the approval by the relevant
28State agency for all private and public treatment and
29rehabilitative facilities, which may include, but are not
30limited to, State hospitals and institutions, public and private

1general hospitals, community mental health centers or their
2contracting agencies and public and private drug or alcohol
3dependence and drug and alcohol abuse and dependence treatment
4and rehabilitation centers.

5(19) Grants and contracts for the prevention, intervention
6and treatment of drug and alcohol dependence. The grants and
7contracts may include assistance to local governments and public
8and private agencies, institutions and organizations for
9prevention, intervention, treatment, rehabilitation, research,
10education and training aspects of the drug and alcohol abuse and
11dependence problems with the Commonwealth. Any grant made or
12contract entered into by a department or agency shall be
13pursuant to the functions allocated to that department or agency
14by the State plan.

15(20) Preparation of general regulations for and operation of
16programs supported with assistance.

17(21) Establishment of priorities for deciding allocation of
18the funds.

19(22) Review the administration and operation of programs,
20including the effectiveness of such programs in meeting the
21purposes for which they are established and operated, and make
22annual reports of the findings.

23(23) Evaluate the programs and projects carried out and
24disseminate the results of such evaluations.

25(24) Establish such advisory committees as deemed necessary
26to assist the Department of Health in fulfilling its
27responsibilities.

28(b) In developing the State plan initially, and prior to its 
29amendment annually, to hold a public hearing at least thirty 
30(30) days prior to the adoption of the initial State plan and
 

1subsequent amendments and to afford all interested persons an 
2opportunity to present their views either orally or in writing. 
3The Department of Health, through its staff, shall consult and 
4collaborate with appropriate Federal, State and local 
5departments, boards, agencies and governmental units, and with 
6appropriate public and private agencies, institutions, groups 
7and organizations. Otherwise, the promulgation of the State plan 
8shall conform to the procedure contained in the act of July 31,
91968 (P.L.769, No.240), referred to as the Commonwealth 
10Documents Law.

11(c) In accordance with the State plan, to allocate the
12responsibility for all services, programs and other efforts
13provided for among the appropriate departments, agencies and
14other State personnel. The Department of Health, through its
15employees, shall have the power and its duty shall be to
16implement compliance with the provisions of the State plan and
17to coordinate all such efforts.

18(d) To gather and publish statistics pertaining to drug and
19alcohol abuse and dependence and promulgate regulations,
20specifying uniform statistics to be obtained, records to be
21maintained and reports to be submitted by public and private
22departments, agencies, organizations, practitioners and other
23persons with respect to drug and alcohol abuse and dependence
24and related problems. Such statistics and reports shall not
25reveal the identity of any patient or drug or alcohol-dependent
26person or other confidential information.

27(e) To establish an information center, which will attempt
28to gather and contain all available published and unpublished
29data and information on the problems of drug and alcohol abuse
30and dependence. All Commonwealth departments and agencies shall

1send to the Department of Health any data and information
2pertinent to the cause, prevention, diagnosis and treatment of
3drug and alcohol abuse and dependence and the toxicology and
4pharmacology effects on the health of drug and alcohol abusers
5and danger to the public health of alcohol, drugs and controlled
6substances. The Department of Health shall make such data and
7information widely available.

8(f) To require all appropriate State and local departments,
9agencies, institutions and others engaged in implementing the
10State plan to submit as often as necessary, but no less often
11than annually, reports detailing the activities and effects of
12the implementation and recommending appropriate amendments to
13the State plan. The department may direct a performance audit of
14any activity engaged in pursuant to the State plan.

15(g) To submit an annual report to the General Assembly which
16shall specify the actions taken and services provided and funds
17expended and an evaluation of their effectiveness. The annual
18report shall also contain the current State plan. The Department
19of Health shall submit such additional reports as may be
20requested by the General Assembly and recommendations to further
21the prevention, treatment and control of drug and alcohol abuse
22and dependence.

23(h) To make provisions for facilities in each city or region
24or catchment area which shall provide information about the
25total Commonwealth drug and alcohol abuse and drug and alcohol
26dependency programs and services.

27Section 3. Article XXIII-A heading and section 2301-A of the
28act, added July 9, 2010 (P.L.348, No.50), are repealed:

29[ARTICLE XXIII-A

30POWERS AND DUTIES OF THE DEPARTMENT OF DRUG

1AND ALCOHOL PROGRAMS

2Section 2301-A. Powers and duties.

3The Department of Drug and Alcohol Programs shall have the
4power and its duty shall be:

5(1) To develop and adopt a State plan for the control,
6prevention, intervention, treatment, rehabilitation,
7research, education and training aspects of drug and alcohol
8abuse and dependence problems. The State plan shall include,
9but not be limited to, provisions for:

10(i) Coordination of the efforts of all State
11agencies in the control, prevention, intervention,
12treatment, rehabilitation, research, education and
13training aspects of drug and alcohol abuse and dependence
14problems so as to avoid duplications and inconsistencies
15in the efforts of the agencies.

16(ii) Coordination of all health and rehabilitation
17efforts to deal with the problem of drug and alcohol
18abuse and dependence, including, but not limited to,
19those relating to vocational rehabilitation, manpower
20development and training, senior citizens, law
21enforcement assistance, parole and probation systems,
22jails and prisons, health research facilities, mental
23retardation facilities and community mental health
24centers, juvenile delinquency, health professions,
25educational assistance, hospital and medical facilities,
26social security, community health services, education
27professions development, higher education, Commonwealth
28employees health benefits, economic opportunity,
29comprehensive health planning, elementary and secondary
30education, highway safety and the civil service laws.

1(iii) Encouragement of the formation of local
2agencies and local coordinating councils, promotion of
3cooperation and coordination among such groups and
4encouragement of communication of ideas and
5recommendations from such groups to the Pennsylvania
6Advisory Council on Drug and Alcohol Abuse.

7(iv) Development of model drug and alcohol abuse and
8dependence control plans for local government, utilizing
9the concepts incorporated in the State plan. The model
10plans shall be reviewed on a periodic basis, but not less
11than once a year, and revised to keep them current. The
12model plans shall specify how all types of community
13resources and existing Federal and Commonwealth
14legislation may be utilized.

15(v) Assistance and consultation to local
16governments, public and private agencies, institutions
17and organizations and individuals with respect to the
18prevention and treatment of drug and alcohol abuse and
19dependence, including coordination of programs among
20them.

21(vi) Cooperation with organized medicine to
22disseminate medical guidelines for the use of drugs and
23controlled substances in medical practice.

24(vii) Coordination of research, scientific
25investigations, experiments and studies relating to the
26cause, epidemiology, sociological aspects, toxicology,
27pharmacology, chemistry, effects on health, dangers to
28public health, prevention, diagnosis and treatment of
29drug and alcohol abuse and dependence.

30(viii) Investigation of methods for the more precise

1detection and determination of alcohol and controlled
2substances in urine and blood samples and by other means,
3and publication on a current basis of uniform methodology
4for such detections and determinations.

5(ix) Any information obtained through scientific
6investigation or research conducted pursuant to this act
7shall be used in ways so that no name or identifying
8characteristics of any person shall be divulged without
9the approval of the department and the consent of the
10person concerned. Persons engaged in research pursuant to
11this section shall protect the privacy of individuals who
12are the subject of such research by withholding from all
13persons not connected with the conduct of such research
14the names or other identifying characteristics of such
15individuals. Persons engaged in the research shall
16protect the privacy of such individuals and may not be
17compelled in any State, civil, criminal, administrative,
18legislative or other proceeding to identify such
19individuals.

20(x) Establishment of training programs for
21professional and nonprofessional personnel with respect
22to drug and alcohol abuse and dependence, including the
23encouragement of such programs by local governments.

24(xi) Development of a model curriculum, including
25the provision of relevant data and other information, for
26utilization by elementary and secondary schools for
27instructing children and for parent-teachers'
28associations, adult education centers, private citizen
29groups or other State and local sources for instruction
30of parents and other adults about drug and alcohol abuse

1and dependence.

2(xii) Preparation of a broad variety of educational,
3prevention and intervention material for use in all
4media, to reach all segments of the population, that can
5be utilized by public and private agencies, institutions
6and organizations in educational programs with respect to
7drug and alcohol abuse and dependence.

8(xiii) Establishment of educational courses,
9including the provision of relevant data and other
10information on the causes and effects of and treatment
11for drug and alcohol abuse and dependence, for law
12enforcement officials, including prosecuting attorneys,
13court personnel, the judiciary, probation and parole
14officers, correctional officers and other law enforcement
15personnel, welfare, vocational rehabilitation and other
16State and local officials, who come in contact with drug
17abuse and dependence problems.

18(xiv) Recruitment, training, organization and
19employment of professional and other persons, including
20former drug and alcohol abusers and dependent persons, to
21organize and participate in programs of public education.

22(xv) Treatment and rehabilitation services for male
23and female juveniles and adults who are charged with,
24convicted of or serving a criminal sentence for any
25criminal offense under the laws of this Commonwealth.
26Provision of similar services shall be made for juveniles
27adjudged to be delinquent, dependent or neglected. These
28services shall include, but are not limited to, emergency
29medical services, inpatient services and intermediate
30care, rehabilitative and outpatient services.

1(xvi) Giving priority to developing community-based
2drug or alcohol abuse treatment services in a cooperative
3manner among State and local governmental agencies and
4departments and public and private agencies, institutions
5and organizations. Consideration shall be given to
6supportive medical care, services or residential
7facilities for drug or alcohol dependent persons for whom
8treatment has repeatedly failed and for whom recovery is
9unlikely.

10(xvii) Establishment of a system of emergency 
11medical services for persons voluntarily seeking 
12treatment, for persons admitted and committed to 
13treatment facilities according to the procedural 
14admission and commitment provisions of the act of July 9, 
151976 (P.L.817, No.143), known as the Mental Health 
16Procedures Act, and for persons charged with a crime 
17under Pennsylvania law. Upon the establishment of such 
18emergency medical services, the Department of Drug and 
19Alcohol Programs, by regulation, shall require that 
20appropriate emergency medical services be made available 
21to all drug and alcohol abusers who are arrested for a 
22crime under Pennsylvania law.

23(xviii) Providing standards for the approval by the
24relevant State agency for all private and public
25treatment and rehabilitative facilities, which may
26include, but are not limited to, State hospitals and
27institutions, public and private general hospitals,
28community mental health centers or their contracting
29agencies and public and private drug or alcohol
30dependence and drug and alcohol abuse and dependence

1treatment and rehabilitation centers.

2(xix) Grants and contracts for the prevention,
3intervention and treatment of drug and alcohol
4dependence. The grants and contracts may include
5assistance to local governments and public and private
6agencies, institutions and organizations for prevention,
7intervention, treatment, rehabilitation, research,
8education and training aspects of the drug and alcohol
9abuse and dependence problems with the Commonwealth. Any
10grant made or contract entered into by a department or
11agency shall be pursuant to the functions allocated to
12that department or agency by the State plan.

13(xx) Preparation of general regulations for and
14operation of programs supported with assistance.

15(xxi) Establishment of priorities for deciding
16allocation of the funds.

17(xxii) Review the administration and operation of
18programs, including the effectiveness of such programs in
19meeting the purposes for which they are established and
20operated, and make annual reports of the findings.

21(xxiii) Evaluate the programs and projects carried
22out and disseminate the results of such evaluations.

23(xxiv) Establish such advisory committees as deemed
24necessary to assist the department in fulfilling its
25responsibilities.

26(2) In developing the State plan initially, and prior to
27its amendment annually, to hold a public hearing at least 30
28days prior to the adoption of the initial State plan and
29subsequent amendments and to afford all interested persons an
30opportunity to present their views either orally or in

1writing. The Department of Drug and Alcohol Programs, through
2its staff, shall consult and collaborate with appropriate
3Federal, State and local departments, boards, agencies and
4governmental units, and with appropriate public and private
5agencies, institutions, groups and organizations. Otherwise,
6the promulgation of the State plan shall conform to the
7procedure contained in the act of July 31, 1968 (P.L.769,
8No.240), referred to as the Commonwealth Documents Law.

9(3) In accordance with the State plan, to allocate the
10responsibility for all services, programs and other efforts
11provided for among the appropriate departments, agencies and
12other State personnel. The department, through its employees,
13shall have the power and its duty shall be to implement
14compliance with the provisions of the State plan and to
15coordinate all such efforts.

16(4) To gather and publish statistics pertaining to drug
17and alcohol abuse and dependence and promulgate regulations,
18specifying uniform statistics to be obtained, records to be
19maintained and reports to be submitted by public and private
20departments, agencies, organizations, practitioners and other
21persons with respect to drug and alcohol abuse and dependence
22and related problems. Such statistics and reports shall not
23reveal the identity of any patient or drug or alcohol-
24dependent person or other confidential information.

25(5) To establish an information center, which will
26attempt to gather and contain all available published and
27unpublished data and information on the problems of drug and
28alcohol abuse and dependence. All Commonwealth departments
29and agencies shall send to the Department of Drug and Alcohol
30Programs any data and information pertinent to the cause,

1prevention, diagnosis and treatment of drug and alcohol abuse
2and dependence and the toxicology and pharmacology effects on
3the health of drug and alcohol abusers and danger to the
4public health of alcohol, drugs and controlled substances.
5The Department of Drug and Alcohol Programs shall make such
6data and information widely available.

7(6) To require all appropriate State and local
8departments, agencies, institutions and others engaged in
9implementing the State plan to submit as often as necessary,
10but no less often than annually, reports detailing the
11activities and effects of the implementation and recommending
12appropriate amendments to the State plan. The department may
13direct a performance audit of any activity engaged in
14pursuant to the State plan.

15(7) To submit an annual report to the General Assembly
16which shall specify the actions taken and services provided
17and funds expended and an evaluation of their effectiveness.
18The annual report shall also contain the current State plan.
19The Department of Drug and Alcohol Programs shall submit such
20additional reports as may be requested by the General
21Assembly and recommendations to further the prevention,
22treatment and control of drug and alcohol abuse and
23dependence.

24(8) To make provisions for facilities in each city or
25region or catchment area which shall provide information
26about the total Commonwealth drug and alcohol abuse and drug
27and alcohol dependency programs and services.

28(9) The department shall have the power to promulgate
29the rules and regulations necessary to carry out the
30provisions of this article.]

1Section 4. All personnel, allocation, appropriations,
2equipment, files, records, contracts, agreements, obligations
3and other material which are used, employed or expended in
4connection with the powers, duties or functions of the
5Department of Drug and Alcohol Programs are hereby transferred
6to the Department of Health with the same force and effect as if
7the appropriations had been made to and said items had been the
8property of the Department of Health in the first instance, and
9as if said contracts, agreements and obligations had been
10incurred or entered into by the Department of Health. The
11personnel, appropriations, equipment and other items and
12material transferred by this section shall include Federal
13grants and funds and other benefits from any Federal program.
14All personnel transferred pursuant to this act shall retain any
15civil service employment status assigned to said personnel.

16Section 5. All orders, permits, regulations, decisions and
17other actions of the Department of Drug and Alcohol Programs
18shall remain in full force and effect until modified, repealed,
19superseded in or otherwise changed by appropriate action of the
20Department of Health.

21Section 6. The Pennsylvania Advisory Council on Drug and
22Alcohol Abuse established in section 3 of the act of April 14,
231972 (P.L.221, No.63), known as the Pennsylvania Drug and
24Alcohol Abuse Control Act, shall be recognized as an advisory
25council to the Department of Health.

26Section 7. This act shall take effect July 1, 2013.