PRIOR PRINTER'S NOS. 2193, 2997 PRINTER'S NO. 3306
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 1783
Session of
2023
INTRODUCED BY VENKAT, MADDEN, MARCELL, KINSEY, PROBST, KHAN,
FREEMAN, NEILSON, HILL-EVANS, SCHLOSSBERG, DELLOSO, SANCHEZ,
HOWARD, D. WILLIAMS, STEELE, KAZEEM, JOZWIAK, CEPEDA-FREYTIZ,
BOROWSKI, PASHINSKI, HOHENSTEIN, ABNEY, A. BROWN, FLICK,
GIRAL, SHUSTERMAN, HANBIDGE, POWELL, DALEY, CERRATO, GREEN,
FLEMING AND MADSEN, OCTOBER 24, 2023
AS AMENDED ON SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES,
JUNE 11, 2024
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," further providing for
11 drug overdose medication.
12 AMENDING TITLE 35 (HEALTH AND SAFETY) OF THE PENNSYLVANIA <--
13 CONSOLIDATED STATUTES, PROVIDING FOR SUBSTANCE USE OVERDOSE
14 AWARENESS, TREATMENT AND RECOVERY SUPPORT AND FOR POWERS AND
15 DUTIES OF THE DEPARTMENT OF DRUG AND ALCOHOL PROGRAMS; AND
16 ESTABLISHING THE LIFETIME RECOVERY FROM SUBSTANCE USE GRANT
17 PROGRAM.
18 The General Assembly of the Commonwealth of Pennsylvania
19 hereby enacts as follows:
20 Section 1. Section 13.8(a)(3) and (h) of the act of April <--
21 14, 1972 (P.L.233, No.64), known as The Controlled Substance,
22 Drug, Device and Cosmetic Act, amended November 3, 2022
23 (P.L.1984, No.135), are amended and the section is amended by
 1 adding subsections to read:
2 Section 13.8. Drug Overdose Medication.--(a) The
3 department, in carrying out its duties under 28 Pa. Code Ch.
4 1023 (relating to personnel), shall have the following duties:
5 * * *
6 (3) The following apply:
7 (i) In consultation with the Department of Drug and Alcohol
8 Programs, develop or approve training and instructional
9 materials about recognizing opioid-related overdoses,
10 administering an opioid antagonist and promptly seeking medical
11 attention. The training and instruction materials shall be
12 provided free of charge on the Internet.
13 (ii) In consultation with the Department of Drug and Alcohol
14 Programs, develop a poster that contains the following
15 information:
16 (A) The signs of an opioid-related overdose.
17 (B) What to do in the event of an opioid-related overdose.
18 (C) Where to find an opioid antagonist such as naloxone.
19 (D) Where to find additional resources and information,
20 which may include a quick-response (QR) code or a website URL.
21 (iii) Develop a pamphlet with information equivalent to the
22 information contained on the poster described in subparagraph
23 (ii).
24 (iv) Make the poster described in subparagraph (ii) and the
25 pamphlet described in subparagraph (iii) available on the
26 publicly accessible Internet website of the department.
27 (v) Provide the poster described in subparagraph (ii) in
28 additional languages upon request by an entity listed under
29 subsection (a.1).
30 (a.1) The following entities shall display the poster
20230HB1783PN3306 - 2 -
 1 described in subsection (a)(3)(ii) in a conspicuous location at
2 each of their properties, if permitted:
3 (1) A Commonwealth agency.
4 (2) A metropolitan transportation authority.
5 (3) A municipality.
6 (a.2) The department shall pay for the costs associated with
7 printing and distributing each poster described in subsection
8 (a)(3)(ii).
9 * * *
10 (h) [As used in this section, the term "opioid antagonist"
11 means a drug or device approved by the Federal Food, Drug, and
12 Cosmetic Act (52 Stat. 1040, 21 U.S.C. § 301 et seq.) for
13 emergency reversal of known or suspected opioid overdose,
14 including naloxone hydrochloride or other similarly acting drugs
15 approved by the United States Food and Drug Administration for
16 the treatment of an opioid overdose.] As used in this section,
17 the following words and phrases shall have the meanings given to
18 them in this subsection unless the context clearly indicates
19 otherwise:
20 "Commonwealth agency." An executive agency or independent
21 agency as those terms are defined in 2 Pa.C.S. § 101 (relating
22 to definitions).
23 "Conspicuous location." A location where individuals are
24 likely to see and read the poster described in subsection (a)(3)
25 (ii). The term includes a bathroom, bulletin board, entrance,
26 exit, hallway or lobby.
27 "Metropolitan transportation authority." An authority
28 operating under 74 Pa.C.S. Ch. 17 (relating to metropolitan
29 transportation authorities).
30 "Municipality." A county, city, borough, incorporated town
20230HB1783PN3306 - 3 -
 1 or township.
2 "Opioid antagonist." A drug or device approved by the
3 Federal Food, Drug, and Cosmetic Act (52 Stat. 1040, 21 U.S.C. §
4 301 et seq.) for emergency reversal of known or suspected opioid
5 overdose, including naloxone hydrochloride or other similarly
6 acting drugs approved by the United States Food and Drug
7 Administration for the treatment of an opioid overdose.
8 "Property." Real property under control of an entity listed
9 in subsection (a.1). The term includes an airport, bus stop,
10 library, park, school or rail stop.
11 Section 2. This act shall take effect in 60 days.
12 SECTION 1. TITLE 35 OF THE PENNSYLVANIA CONSOLIDATED <--
13 STATUTES IS AMENDED BY ADDING A CHAPTER TO READ:
14 CHAPTER 52C
15 SUBSTANCE USE OVERDOSE AWARENESS,
16 TREATMENT AND RECOVERY SUPPORT
17 SUBCHAPTER
18 A. PRELIMINARY PROVISIONS
19 B. OPIOID OVERDOSE AWARENESS
20 C. SUPPORT FOR LIFETIME RECOVERY FROM SUBSTANCE USE GRANT
21 PROGRAM
22 SUBCHAPTER A
23 PRELIMINARY PROVISIONS
24 SEC.
25 52C01. (RESERVED).
26 52C02. SCOPE OF CHAPTER.
27 52C03. DEFINITIONS.
28 § 52C01. (RESERVED).
29 § 52C02. SCOPE OF CHAPTER.
30 THIS CHAPTER RELATES TO SUBSTANCE USE AND MISUSE TREATMENT
20230HB1783PN3306 - 4 -
 1 AND SUPPORT SERVICES.
2 § 52C03. DEFINITIONS.
3 THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS CHAPTER
4 SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS SECTION UNLESS THE
5 CONTEXT CLEARLY INDICATES OTHERWISE:
6 "ALCOHOL." THE TERM INCLUDES "MALT OR BREWED BEVERAGES" AND
7 "LIQUOR" AS DEFINED IN SECTION 102 OF THE ACT OF APRIL 12, 1951
8 (P.L.90, NO.21), KNOWN AS THE LIQUOR CODE.
9 "APPLICANT."
10 (1) ANY OF THE FOLLOWING:
11 (I) A RECOVERY SUPPORT PROVIDER.
12 (II) A PERSON THAT PROVIDES SUPPORT AND TECHNICAL
13 ASSISTANCE TO A RECOVERY SUPPORT PROVIDER.
14 (2) THE TERM DOES NOT INCLUDE AN INDIVIDUAL OR A FOR-
15 PROFIT ENTITY.
16 "COMMONWEALTH AGENCY." AN EXECUTIVE AGENCY OR INDEPENDENT
17 AGENCY AS THOSE TERMS ARE DEFINED IN 2 PA.C.S. § 101 (RELATING
18 TO DEFINITIONS).
19 "CONSPICUOUS LOCATION." A LOCATION OPEN TO THE PUBLIC WHERE
20 AN INDIVIDUAL IS LIKELY TO SEE AND READ THE POSTER DEVELOPED
21 UNDER SECTION 52C12(A)(1) (RELATING TO DEVELOPMENT OF OPIOID
22 AWARENESS MATERIALS). THE TERM INCLUDES A BATHROOM, BULLETIN
23 BOARD, ENTRANCE, EXIT, HALLWAY OR LOBBY.
24 "CONTROLLED SUBSTANCE." AS DEFINED IN SECTION 2 OF THE ACT
25 OF APRIL 14, 1972 (P.L.233, NO.64), KNOWN AS THE CONTROLLED
26 SUBSTANCE, DRUG, DEVICE AND COSMETIC ACT.
27 "DEPARTMENT." THE DEPARTMENT OF DRUG AND ALCOHOL PROGRAMS OF
28 THE COMMONWEALTH.
29 "METROPOLITAN TRANSPORTATION AUTHORITY." AN AUTHORITY
30 OPERATING UNDER 74 PA.C.S. CH. 17 (RELATING TO METROPOLITAN
20230HB1783PN3306 - 5 -
 1 TRANSPORTATION AUTHORITIES).
2 "MUNICIPALITY." A COUNTY, CITY, BOROUGH, INCORPORATED TOWN
3 OR TOWNSHIP.
4 "OPIOID ANTAGONIST." A DRUG OR DEVICE APPROVED UNDER 21
5 U.S.C. CH. 9 (RELATING TO FEDERAL FOOD, DRUG, AND COSMETIC ACT)
6 FOR EMERGENCY REVERSAL OF KNOWN OR SUSPECTED OPIOID OVERDOSE,
7 INCLUDING NALOXONE HYDROCHLORIDE OR OTHER SIMILARLY ACTING DRUGS
8 APPROVED BY THE UNITED STATES FOOD AND DRUG ADMINISTRATION FOR
9 THE TREATMENT OF AN OPIOID OVERDOSE.
10 "PEER RECOVERY SPECIALIST." AN INDIVIDUAL WITH CONTINUOUS
11 PERSONAL RECOVERY FROM A SUBSTANCE USE DISORDER WHO HAS RECEIVED
12 SUBSTANCE USE RECOVERY FOCUSED EDUCATION AND TRAINING IN
13 RECOVERY SUPPORT SERVICES.
14 "PROGRAM." THE LIFETIME RECOVERY FROM SUBSTANCE USE GRANT
15 PROGRAM ESTABLISHED UNDER SECTION 52C43 (RELATING TO LIFETIME
16 RECOVERY FROM SUBSTANCE USE GRANT PROGRAM).
17 "PROPERTY." THE BUILDINGS OWNED BY AN ENTITY OPEN FOR PUBLIC
18 USE, INCLUDING PUBLICLY ACCESSIBLE FACILITIES AND COMMUNAL AREAS
19 UTILIZED BY EMPLOYEES. THE TERM INCLUDES AN AIRPORT, BUS STOP,
20 LIBRARY, PARK, SCHOOL OR RAIL STOP.
21 "RECIPIENT." AN APPLICANT THAT RECEIVES A GRANT UNDER THIS
22 CHAPTER.
23 "RECOVERY FROM SUBSTANCE USE." THE PROCESS OF CHANGE THROUGH
24 WHICH AN INDIVIDUAL WHO HAD BEEN ENGAGING IN SUBSTANCE USE TAKES
25 STEPS TO IMPROVE THE INDIVIDUAL'S HEALTH AND WELLNESS, LEADS A
26 SELF-DIRECTED LIFE AND STRIVES TO REACH THE INDIVIDUAL'S OWN
27 POTENTIAL.
28 "RECOVERY SUPPORT PROVIDERS." ANY OF THE FOLLOWING THAT
29 PROVIDE RECOVERY SUPPORT SERVICES TO INDIVIDUALS, FAMILIES AND
30 COMMUNITIES IN THIS COMMONWEALTH:
20230HB1783PN3306 - 6 -
 1 (1) A NONPROFIT ORGANIZATION.
2 (2) A HOSPITAL OR OTHER HEALTH CARE PROVIDER.
3 (3) A MUNICIPALITY.
4 (4) A SINGLE COUNTY AUTHORITY CREATED UNDER THE ACT OF
5 APRIL 14, 1972 (P.L.221, NO.63), KNOWN AS THE PENNSYLVANIA
6 DRUG AND ALCOHOL ABUSE CONTROL ACT.
7 (5) A RECOVERY HOUSE LICENSED UNDER SUBARTICLE (B) OF
8 ARTICLE XXIII-A OF THE ACT OF APRIL 9, 1929 (P.L.177,
9 NO.175), KNOWN AS THE ADMINISTRATIVE CODE OF 1929.
10 "RECOVERY SUPPORT SERVICES." ANY OF THE FOLLOWING SERVICES
11 RELATING TO AN INDIVIDUAL IN RECOVERY FROM SUBSTANCE USE:
12 (1) PROVIDING A NETWORK OF PEER SUPPORT PROVIDED BY PEER
13 RECOVERY SPECIALISTS FOR AN INDIVIDUAL IN RECOVERY FROM
14 SUBSTANCE USE, INCLUDING ADVOCACY FOR INDIVIDUALS IN RECOVERY
15 FROM SUBSTANCE USE.
16 (2) PROVIDING AND SUPPORTING A NETWORK OF FAMILY SUPPORT
17 OR COMMUNITY SUPPORT FOR FAMILIES AND COMMUNITIES OF THOSE IN
18 RECOVERY FROM SUBSTANCE USE.
19 (3) PROVIDING CRISIS INTERVENTION REFERRALS FOR
20 INDIVIDUALS IN RECOVERY FROM SUBSTANCE USE.
21 (4) ASSISTING AN INDIVIDUAL IN RECOVERY FROM SUBSTANCE
22 USE IN GAINING STABLE LIVING ARRANGEMENTS, INCLUDING
23 ASSISTING THE INDIVIDUAL IN IDENTIFYING APPROPRIATE LIVING
24 ARRANGEMENTS AND PREPARING NECESSARY PAPERWORK.
25 (5) ASSISTING AN INDIVIDUAL IN RECOVERY FROM SUBSTANCE
26 USE IN OBTAINING GAINFUL EMPLOYMENT, INCLUDING PROVIDING A
27 SKILL EVALUATION AND ASSISTING THE INDIVIDUAL IN IDENTIFYING
28 EMPLOYMENT OPPORTUNITIES.
29 (6) CREATING AND MAINTAINING THE TECHNICAL ASSISTANCE
30 NEEDS OF WORKPLACES THAT PROVIDE SUPPORT FOR EMPLOYEES IN
20230HB1783PN3306 - 7 -
 1 RECOVERY FROM SUBSTANCE USE.
2 (7) PROVIDING MENTORING SERVICE TO AN INDIVIDUAL IN
3 RECOVERY FROM SUBSTANCE USE.
4 (8) PROVIDING REFERRALS, ASSISTANCE OR CONSULTATION FOR
5 INDIVIDUALS IN RECOVERY FROM SUBSTANCE USE IN OBTAINING
6 SERVICES UNDER PARAGRAPHS (1), (2), (3), (4), (5), (6) AND
7 (7).
8 "SUBSTANCE USE." THE USE OR MISUSE OF A CONTROLLED SUBSTANCE
9 OR ALCOHOL.
10 SUBCHAPTER B
11 OPIOID OVERDOSE AWARENESS
12 SEC.
13 52C11. SCOPE OF SUBCHAPTER.
14 52C12. DEVELOPMENT OF OPIOID OVERDOSE AWARENESS MATERIALS.
15 § 52C11. SCOPE OF SUBCHAPTER.
16 THIS SUBCHAPTER RELATES TO OPIOID OVERDOSE AWARENESS.
17 § 52C12. DEVELOPMENT OF OPIOID OVERDOSE AWARENESS MATERIALS.
18 (A) OPIOID OVERDOSE AWARENESS MATERIALS.--
19 (1) IN DISCUSSION WITH THE DEPARTMENT, THE DEPARTMENT OF
20 HEALTH SHALL:
21 (I) DEVELOP A POSTER THAT CONTAINS THE FOLLOWING
22 INFORMATION:
23 (A) THE SIGNS OF AN OPIOID-RELATED OVERDOSE.
24 (B) WHAT TO DO IN THE EVENT OF AN OPIOID-RELATED
25 OVERDOSE.
26 (C) WHERE TO FIND AN OPIOID ANTAGONIST.
27 (D) WHERE TO FIND ADDITIONAL RESOURCES AND
28 INFORMATION, WHICH MAY INCLUDE A QUICK-RESPONSE OR QR
29 CODE OR A WEBSITE URL.
30 (II) DEVELOP A PAMPHLET WITH INFORMATION CONTAINED
20230HB1783PN3306 - 8 -
 1 ON THE POSTER DEVELOPED UNDER PARAGRAPH (1).
2 (III) MAKE THE FOLLOWING AVAILABLE ON THE DEPARTMENT
3 OF HEALTH'S PUBLICLY ACCESSIBLE INTERNET WEBSITE:
4 (A) THE POSTER DEVELOPED UNDER SUBPARAGRAPH (I);
5 AND
6 (B) THE PAMPHLET DEVELOPED UNDER SUBPARAGRAPH
7 (II).
8 (IV) MAKE THE POSTER DEVELOPED UNDER SUBPARAGRAPH
9 (I) AVAILABLE ON THE DEPARTMENT OF HEALTH'S PUBLICLY
10 ACCESSIBLE INTERNET WEBSITE IN VARIOUS SIZES SHOULD AN
11 ENTITY WISH TO DOWNLOAD THE POSTER IN A SIZE OTHER THAN
12 THE ONE PROVIDED BY THE DEPARTMENT OF HEALTH.
13 (V) PROVIDE THE POSTER DEVELOPED UNDER SUBPARAGRAPH
14 (I) IN ADDITIONAL LANGUAGES UPON REQUEST BY AN ENTITY
15 LISTED UNDER SUBSECTION (B).
16 (VI) PROVIDE THE POSTER DEVELOPED UNDER SUBPARAGRAPH
17 (I) TO EACH ENTITY LISTED UNDER SUBSECTION (B) AT NO COST
18 TO THE ENTITY.
19 (2) THE DEPARTMENT OF HEALTH MAY SATISFY THE
20 REQUIREMENTS FOR THE POSTER DESCRIBED IN PARAGRAPH (1)(I) AND
21 THE PAMPHLET DESCRIBED IN PARAGRAPH (1)(II) BY UPDATING
22 EXISTING MATERIALS WITH INFORMATION DESCRIBED IN PARAGRAPH
23 (1)(I).
24 (B) DISPLAY.--
25 (1) EXCEPT AS PROVIDED UNDER PARAGRAPH (2), THE
26 FOLLOWING ENTITIES SHALL DISPLAY THE POSTER DEVELOPED UNDER
27 SUBSECTION (A)(1) IN A CONSPICUOUS LOCATION AT THE ENTITIES'
28 PROPERTIES, WHERE FEASIBLE, AS DETERMINED BY THE ENTITY IN
29 DISCUSSION WITH THE DEPARTMENT OF HEALTH:
30 (I) A COMMONWEALTH AGENCY.
20230HB1783PN3306 - 9 -
 1 (II) A METROPOLITAN TRANSPORTATION AUTHORITY.
2 (III) A MUNICIPALITY.
3 (2) AN ENTITY LISTED UNDER PARAGRAPH (1) SHALL NOT BE
4 REQUIRED TO DISPLAY THE POSTER DESCRIBED IN SUBSECTION (A)(1)
5 IF THE ENTITY ALREADY DISPLAYS A POSTER WITH THE INFORMATION
6 DESCRIBED IN SUBSECTION (A)(1) AND PROVIDES THE DEPARTMENT OF
7 HEALTH WITH NOTICE OF THE USE OF THE ALTERNATIVE POSTER.
8 SUBCHAPTER C
9 SUPPORT FOR LIFETIME RECOVERY FROM
10 SUBSTANCE USE GRANT PROGRAM
11 SEC.
12 52C41. (RESERVED).
13 52C42. SCOPE OF SUBCHAPTER.
14 52C43. LIFETIME RECOVERY FROM SUBSTANCE USE GRANT PROGRAM.
15 52C44. APPLICATION AND REVIEW.
16 52C45. COSTS.
17 52C46. FUNDING.
18 52C47. PERFORMANCE EVALUATION.
19 52C48. REPORT.
20 § 52C41. (RESERVED).
21 § 52C42. SCOPE OF SUBCHAPTER.
22 THIS SUBCHAPTER RELATES TO GRANTS TO SUPPORT LIFETIME
23 RECOVERY FROM SUBSTANCE USE AND MISUSE.
24 § 52C43. LIFETIME RECOVERY FROM SUBSTANCE USE GRANT PROGRAM.
25 (A) ESTABLISHMENT.--THE LIFETIME RECOVERY FROM SUBSTANCE USE
26 GRANT PROGRAM IS ESTABLISHED WITHIN THE DEPARTMENT.
27 (B) PURPOSE OF PROGRAM.--THE PROGRAM SHALL PROVIDE GRANTS TO
28 ASSIST IN THE DEVELOPMENT, EXPANSION OR IMPROVEMENT OF RECOVERY
29 SUPPORT SERVICES DELIVERY IN THIS COMMONWEALTH.
30 (C) STATEWIDE AND GEOGRAPHIC BALANCE.--THE DEPARTMENT SHALL
20230HB1783PN3306 - 10 -
 1 AWARD A PORTION OF THE AMOUNT AVAILABLE UNDER THIS SUBCHAPTER TO
2 APPLICANTS SEEKING GRANTS ON A STATEWIDE BASIS AND A PORTION OF
3 THE AMOUNT TO EACH OF THE GEOGRAPHIC AREAS OF THIS COMMONWEALTH
4 DESIGNATED UNDER SECTION 52C44(A)(2) (RELATING TO APPLICATION
5 AND REVIEW).
6 § 52C44. APPLICATION AND REVIEW.
7 (A) GUIDELINES.--NO LATER THAN 45 DAYS AFTER THE EFFECTIVE
8 DATE OF THIS SECTION AND AT THE DISCRETION OF THE DEPARTMENT
9 THEREAFTER, THE DEPARTMENT SHALL ADOPT GUIDELINES,