PRINTER'S NO. 1906
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No. 1331
Session of
2024
INTRODUCED BY ROBINSON, BARTOLOTTA, VOGEL, DILLON, MILLER AND
J. WARD, SEPTEMBER 27, 2024
REFERRED TO HEALTH AND HUMAN SERVICES, SEPTEMBER 27, 2024
AN ACT
1 Amending Title 35 (Health and Safety) of the Pennsylvania
2 Consolidated Statutes, providing for substance use overdose
3 awareness, treatment and recovery support and for powers and
4 duties of the Department of Drug and Alcohol Programs; and
5 establishing the Lifetime Recovery from Substance Use Grant
6 Program.
7 The General Assembly of the Commonwealth of Pennsylvania
8 hereby enacts as follows:
9 Section 1. Title 35 of the Pennsylvania Consolidated
10 Statutes is amended by adding a chapter to read:
11 CHAPTER 52C
12 SUBSTANCE USE OVERDOSE AWARENESS,
13 TREATMENT AND RECOVERY SUPPORT
14 Subchapter
15 A. Preliminary Provisions
16 B. Opioid Overdose Awareness
17 C. Support for Lifetime Recovery from Substance Use Grant
18 Program
19 SUBCHAPTER A
20 PRELIMINARY PROVISIONS
1 Sec.
2 52C01. (Reserved).
3 52C02. Scope of chapter.
4 52C03. Definitions.
5 § 52C01. (Reserved).
6 § 52C02. Scope of chapter.
7 This chapter relates to substance use and misuse treatment
8 and support services.
9 § 52C03. Definitions.
10 The following words and phrases when used in this chapter
11 shall have the meanings given to them in this section unless the
12 context clearly indicates otherwise:
13 "Alcohol." The term includes "malt or brewed beverages" and
14 "liquor" as defined in section 102 of the act of April 12, 1951
15 (P.L.90, No.21), known as the Liquor Code.
16 "Applicant."
17 (1) Any of the following:
18 (i) A recovery support provider.
19 (ii) A person that provides support and technical
20 assistance to a recovery support provider.
21 (2) The term does not include an individual or a for-
22 profit entity.
23 "Commonwealth agency." An executive agency or independent
24 agency as those terms are defined in 2 Pa.C.S. § 101 (relating
25 to definitions).
26 "Conspicuous location." A location open to the public where
27 an individual is likely to see and read the poster developed
28 under section 52C12(a)(1) (relating to development of opioid
29 overdose awareness materials). The term includes a bathroom,
30 bulletin board, entrance, exit, hallway or lobby.
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1 "Controlled substance." As defined in section 2 of the act
2 of April 14, 1972 (P.L.233, No.64), known as The Controlled
3 Substance, Drug, Device and Cosmetic Act.
4 "Department." The Department of Drug and Alcohol Programs of
5 the Commonwealth.
6 "Metropolitan transportation authority." An authority
7 operating under 74 Pa.C.S. Ch. 17 (relating to metropolitan
8 transportation authorities).
9 "Municipality." A county, city, borough, incorporated town
10 or township.
11 "Opioid antagonist." A drug or device approved under 21
12 U.S.C. Ch. 9 (relating to Federal Food, Drug, and Cosmetic Act)
13 for 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.
17 "Peer recovery specialist." An individual with continuous
18 personal recovery from a substance use disorder who has received
19 substance use recovery-focused education and training in
20 recovery support services.
21 "Program." The Lifetime Recovery from Substance Use Grant
22 Program established under section 52C43 (relating to Lifetime
23 Recovery from Substance Use Grant Program).
24 "Recipient." An applicant that receives a grant under this
25 chapter.
26 "Recovery from substance use." The process of change through
27 which an individual who had been engaging in substance use takes
28 steps to improve the individual's health and wellness, leads a
29 self-directed life and strives to reach the individual's own
30 potential.
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1 "Recovery support providers." Any of the following that
2 provide recovery support services to individuals, families and
3 communities in this Commonwealth:
4 (1) A nonprofit organization.
5 (2) A hospital or other health care provider.
6 (3) A municipality.
7 (4) A single county authority created under the act of
8 April 14, 1972 (P.L.221, No.63), known as the Pennsylvania
9 Drug and Alcohol Abuse Control Act.
10 (5) A recovery house licensed under Subarticle (b) of
11 Article XXIII-A of the act of April 9, 1929 (P.L.177,
12 No.175), known as The Administrative Code of 1929.
13 "Recovery support services." Any of the following services
14 relating to an individual in recovery from substance use:
15 (1) Providing a network of peer support provided by peer
16 recovery specialists for an individual in recovery from
17 substance use, including advocacy for individuals in recovery
18 from substance use.
19 (2) Providing and supporting a network of family support
20 or community support for families and communities of those in
21 recovery from substance use.
22 (3) Providing crisis intervention referrals for
23 individuals in recovery from substance use.
24 (4) Assisting an individual in recovery from substance
25 use in gaining stable living arrangements, including
26 assisting the individual in identifying appropriate living
27 arrangements and preparing necessary paperwork.
28 (5) Assisting an individual in recovery from substance
29 use in obtaining gainful employment, including providing a
30 skill evaluation and assisting the individual in identifying
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1 employment opportunities.
2 (6) Creating and maintaining the technical assistance
3 needs of workplaces that provide support for employees in
4 recovery from substance use.
5 (7) Providing mentoring service to an individual in
6 recovery from substance use.
7 (8) Providing referrals, assistance or consultation for
8 individuals in recovery from substance use in obtaining
9 services under paragraphs (1), (2), (3), (4), (5), (6) and
10 (7).
11 "Substance use." The use or misuse of a controlled substance
12 or alcohol.
13 SUBCHAPTER B
14 OPIOID OVERDOSE AWARENESS
15 Sec.
16 52C11. Scope of subchapter.
17 52C12. Development of opioid overdose awareness materials.
18 § 52C11. Scope of subchapter.
19 This subchapter relates to opioid overdose awareness.
20 § 52C12. Development of opioid overdose awareness materials.
21 (a) Opioid overdose awareness materials.--
22 (1) The Department of Health, in collaboration with the
23 department, shall:
24 (i) Develop a poster that contains the following
25 information:
26 (A) The signs of an opioid-related overdose.
27 (B) What to do in the event of an opioid-related
28 overdose.
29 (C) Where to find an opioid antagonist.
30 (D) Where to find additional resources and
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1 information, which may include a quick-response or QR
2 code or a website URL.
3 (ii) Develop a pamphlet with information contained
4 on the poster developed under subparagraph (i).
5 (iii) Make the following available on the Department
6 of Health's publicly accessible Internet website:
7 (A) the poster developed under subparagraph (i);
8 and
9 (B) the pamphlet developed under subparagraph
10 (ii).
11 (iv) Make the poster developed under subparagraph
12 (i) available on the Department of Health's publicly
13 accessible Internet website in various sizes should an
14 entity wish to download the poster in a size other than
15 the one provided by the Department of Health.
16 (v) Provide the poster developed under subparagraph
17 (i) in additional languages upon request by an entity
18 listed under subsection (b).
19 (vi) Provide the poster developed under subparagraph
20 (i) to each entity listed under subsection (b) at no cost
21 to the entity.
22 (2) The Department of Health may satisfy the
23 requirements for the poster described in paragraph (1)(i) and
24 the pamphlet described in paragraph (1)(ii) by updating
25 existing materials with information described in paragraph
26 (1)(i).
27 (b) Display.--
28 (1) Except as provided under paragraph (2), the
29 following entities shall display the poster developed under
30 subsection (a)(1)(i) in a conspicuous location at the
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1 entities' properties, where feasible, as determined by the
2 entity in discussion with the Department of Health:
3 (i) A Commonwealth agency.
4 (ii) A metropolitan transportation authority.
5 (iii) A municipality.
6 (2) An entity listed under paragraph (1) shall not be
7 required to display the poster described in subsection (a)(1)
8 (i) if the entity already displays a poster with the
9 information described in subsection (a)(1)(i) and provides
10 the Department of Health with notice of the use of the
11 alternative poster.
12 SUBCHAPTER C
13 SUPPORT FOR LIFETIME RECOVERY FROM
14 SUBSTANCE USE GRANT PROGRAM
15 Sec.
16 52C41. (Reserved).
17 52C42. Scope of subchapter.
18 52C43. Lifetime Recovery from Substance Use Grant Program.
19 52C44. Application and review.
20 52C45. Costs.
21 52C46. Funding.
22 52C47. Performance evaluation.
23 52C48. Report.
24 § 52C41. (Reserved).
25 § 52C42. Scope of subchapter.
26 This subchapter relates to grants to support lifetime
27 recovery from substance use and misuse.
28 § 52C43. Lifetime Recovery from Substance Use Grant Program.
29 (a) Establishment.--The Lifetime Recovery from Substance Use
30 Grant Program is established within the department.
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1 (b) Purpose of program.--The program shall provide grants to
2 assist in the development, expansion or improvement of recovery
3 support services delivery in this Commonwealth.
4 (c) Statewide and geographic balance.--The department shall
5 award a portion of the amount available under this subchapter to
6 applicants seeking grants on a Statewide basis and a portion of
7 the amount to each of the geographic areas of this Commonwealth
8 designated under section 52C44(a)(2) (relating to application
9 and review).
10 § 52C44. Application and review.
11 (a) Guidelines.--No later than 45 days after the effective
12 date of this section and at the discretion of the department
13 thereafter, the department shall adopt guidelines, after
14 consulting with a representative cross section of this
15 Commonwealth's recovery support providers, including individuals
16 in recovery from substance use or family members of individuals
17 in recovery from substance use, for the administration of the
18 grant program under this subchapter, and shall make the
19 guidelines available on the department's publicly accessible
20 Internet website. The guidelines shall include the following:
21 (1) The dates of the first and last day during which the
22 department will accept applications.
23 (2) A division of this Commonwealth into nine geographic
24 areas. To the extent practicable, the geographic areas under
25 this paragraph shall be comparable to geographic areas
26 recognized by the department for similarly focused grants.
27 (3) The standards by which an application will be
28 scored. The following apply:
29 (i) The standards adopted under this paragraph shall
30 be designed to ensure that the grants awarded under this
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1 subchapter are used in the most effective manner across
2 this Commonwealth.
3 (ii) The standards adopted under this paragraph
4 shall provide priority to applicants that meet any of the
5 following:
6 (A) Applicants that are independent, nonprofit
7 organizations led and governed by representatives of
8 local communities of individuals in recovery from
9 substance use.
10 (B) Applicants proposing to serve areas or
11 assist recovery support providers serving areas of
12 this Commonwealth with a high incidence of substance
13 use or that have demonstrated need for additional
14 substance use recovery support services.
15 (4) Statistics to be used for determination of areas of
16 this Commonwealth that have a high incidence of substance
17 use.
18 (b) Application.--An application for a grant under this
19 subchapter shall be made on a form and in a manner required by
20 the department.
21 (c) Content of application.--An application for a grant
22 under this subchapter shall include the following:
23 (1) The name of the applicant.
24 (2) Whether, if awarded a grant under this subchapter,
25 the applicant would use the grant as follows:
26 (i) on a Statewide basis; or
27 (ii) within a geographic area of this Commonwealth.
28 (3) Subgrantees with which the applicant will contract
29 to provide substance use recovery support services.
30 (4) Recovery support providers to which the applicant
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1 intends to provide support and technical assistance.
2 (5) Recovery support providers to which the applicant
3 intends to subgrant amounts received from the grant.
4 (6) A proposed budget of what eligible costs will be
5 paid for with a grant.
6 (d) Review of application.--Beginning after the last day
7 that the department accepts applications, the department shall
8 review the applications in accordance with this section and the
9 guidelines adopted under subsection (a).
10 (e) Awarding of grants.--After review of the applications
11 under subsection (d), the department shall award grants as
12 follows:
13 (1) For applicants seeking a grant under subsection (c)
14 (2)(i), the department shall award grants to applicants whose
15 applications received the highest scores among applicants
16 seeking a grant on a Statewide basis.
17 (2) For applicants seeking a grant under subsection (c)
18 (2)(ii), the department shall award grants to applicants
19 whose applications received the highest scores among
20 applicants seeking a grant within each geographic area.
21 (f) Denial of applicant information.--An applicant that is
22 not awarded a grant under subsection (e) shall be provided with
23 information documenting the overall score the applicant
24 received, the score received for each of the standards under
25 subsection (a)(3) and the overall scores of all applicants in
26 the denied applicant's category under subsection (c)(2).
27 § 52C45. Costs.
28 (a) Allowable costs.--An amount awarded as a grant under
29 this subchapter may be used for the following costs:
30 (1) Costs associated with providing recovery support
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1 services to residents of this Commonwealth.
2 (2) Costs associated with assisting recovery support
3 providers with developing, expanding or improving recovery
4 support services, including providing training and
5 development of the tools and facilities necessary to provide
6 recovery support services.
7 (3) Costs incurred by the recipient under section 52C47
8 (relating to performance evaluation).
9 (b) (Reserved).
10 § 52C46. Funding.
11 (a) Appropriation.--The General Assembly may appropriate
12 money to the department for the program.
13 (b) Funding from Opioid Settlement Restricted Account.--
14 (1) Money appropriated to the department fr