PRINTER'S NO. 26
No. 43 Session of 2003
INTRODUCED BY EARLL, KUKOVICH, JUBELIRER, MELLOW, PICCOLA,
KITCHEN, MADIGAN, TARTAGLIONE, M. WHITE, SCHWARTZ, TOMLINSON,
C. WILLIAMS, LEMMOND, WAGNER, RAFFERTY, WOZNIAK, MOWERY,
STOUT, ARMSTRONG, COSTA, HELFRICK, LAVALLE, PUNT, O'PAKE,
ORIE, LOGAN, HUGHES, GREENLEAF, RHOADES, THOMPSON AND WAUGH,
JANUARY 21, 2003
REFERRED TO PUBLIC HEALTH AND WELFARE, JANUARY 21, 2003
AN ACT
1 Amending the act of April 14, 1972 (P.L.233, No.64), entitled
2 "An act relating to the manufacture, sale and possession of
3 controlled substances, other drugs, devices and cosmetics;
4 conferring powers on the courts and the secretary and
5 Department of Health, and a newly created Pennsylvania Drug,
6 Device and Cosmetic Board; establishing schedules of
7 controlled substances; providing penalties; requiring
8 registration of persons engaged in the drug trade and for the
9 revocation or suspension of certain licenses and
10 registrations; and repealing an act," exempting certain
11 persons from Federal law relating to public assistance.
12 The General Assembly of the Commonwealth of Pennsylvania
13 hereby enacts as follows:
14 Section 1. The act of April 14, 1972 (P.L.233, No.64), known
15 as The Controlled Substance, Drug, Device and Cosmetic Act, is
16 amended by adding a section to read:
17 Section 16.1. Exemption of Certain Persons from Federal
18 Law.--Pursuant to the authorization provided to the states under
19 section 115(d)(1)(A) of the Personal Responsibility and Work
20 Opportunity Reconciliation Act of 1996 (Public Law 104-193, 21
1 U.S.C. § 862a(d)(1)(A), Pennsylvania elects to exempt all
2 individuals domiciled in the State from application of 21 U.S.C.
3 § 862a(a) of the Personal Responsibility and Work Opportunity
4 Reconciliation Act of 1996. After approval of benefits, the
5 Department of Public Welfare shall refer all affected
6 individuals for assessment and treatment under the act of April
7 14, 1972 (P.L.221, No.63), known as the "Pennsylvania Drug and
8 Alcohol Abuse Control Act." This section shall not be construed
9 to alter or supersede the provisions of section 405.1 of the act
10 of June 13, 1967 (P.L.31, No.21), known as the "Public Welfare
11 Code."
12 Section 2. This act shall take effect in 30 days.
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