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PA Bulletin, Doc. No. 01-679



[4 PA. CODE CH. 259]

[28 PA. CODE CHS. 701 AND 703]

Drug and Alcohol Facilities and Services-Standards for Approval of Prevention and Intervention Activities

[31 Pa.B. 2124]

   The Department of Health (Department) proposes to delete 4 Pa. Code Chapter 259 and 28 Pa. Code § 701.13 and Chapter 713 (relating to prevention and training; contact person; and standards for approval of prevention and intervention activities) and amend § 701.1 (relating to general definitions) under the authority of the Pennsylvania Drug and Alcohol Abuse Control Act (71 P. S. §§ 1690.101--1690.115) (Act 63), Reorganization Plan No. 2 of 1977 (71 P. S. § 751-25) and Reorganization Plan No. 4 of 1981 (71 P. S. § 751-31). The portions being deleted include the regulations relating to prevention activities in 4 Pa. Code and regulations relating to education, information and alternative activities in 28 Pa. Code to read as set forth in Annex A. The regulations being deleted pertain to standards for approval of drug and alcohol abuse prevention and intervention activities. These activities are generically referred to as prevention activities.

A.  Purpose of the Proposed Rulemaking

   The purpose of this proposed rulemaking is to delete the regulations relating to approval of prevention and intervention activities. A key benefit of this proposed rulemaking is that Department staff and other limited resources will no longer need to review prevention and intervention activities and, therefore, may be directed toward oversight of entities providing substance abuse treatment services. This rescission will increase the efficiency of the Division of Drug and Alcohol Program Licensure and allow for better regulatory oversight of the substance abuse treatment delivery system. It will also result in the redirection of State government efforts from general prevention activities to specific treatment activities to ensure the safe and effective delivery of substance abuse treatment services.

   The Department is proposing to delete these regulations because regulation of the substance abuse service delivery system has changed significantly over the past few years. More changes are predicted in the coming years based on current plans to change the health care delivery system at both the State and Federal levels. Even now, much is being done in the field of substance abuse prevention which does not fit within the current definitions of prevention activities, and hence, are not regulated, but yet which are completely appropriate and relevant prevention activities. Further, much of what is defined and regulated is no longer being conducted due to the evolving nature of drug and alcohol abuse prevention services.

   To better address the needs of the substance abuse service delivery system and maximize existing resources, it is necessary to modify regulatory oversight and cease the approval of prevention activities. This elimination will reduce the overload on survey staff resources and enable the Department to focus its attention on the oversight of activities which actually provide treatment to the substance abusing client.

   The activities that the Department will cease approving do not provide treatment to clients. The Department's resources will be better used by focusing on activities by which specific substance abuse treatment services are being provided. Prevention activities and services generally provide to the general population and special high risk groups only information regarding the nature and extent of alcohol and other drug abuse and addictions and their effects on individuals, families and communities. Currently, the Department approves approximately 100 prevention activities.

B.  Requirements of the Proposed Rulemaking

   The following provisions would be deleted:

   1.  4 Pa. Code Part XI (relating to Governor's Council on Drug and Alcohol Abuse).

   Chapter 259 would be deleted. These sections deal with the prevention activities in 28 Pa. Code which are proposed to be deleted.

   2.  28 Pa. Code Part V (relating to drug and alcohol facilities and services). The definitions relating to prevention activities in § 701.1 would be deleted. Chapter 713 would be deleted in its entirety.

C.  Affected Persons

   The proposed rulemaking will become effective upon publication of final-form rulemaking. At that time, there will no longer be any regulations governing the activities to which the regulations applied. Thus, approvals for prevention activities addressed in the affected regulations will expire at the time of the publication of these regulations in final-form. Further, no new prevention activities will be approved as of the effective date of the final-form regulations. The lack of any Department approval, however, will not prohibit the continuation of these activities. They will merely no longer be licensed or approved by the Department.

D.  Fiscal Impact

   The deletion of the standards for approval of drug and alcohol abuse prevention and intervention activities will have no measurable fiscal impact on the Commonwealth, local government, the private sector or the general public.

E.  Cost and Paperwork Estimate

   There will be neither additional costs nor additional paperwork to the Commonwealth, local governments or the private sector resulting from the deletion of these regulations.

F.  Effective Date/Sunset Date

   The deletion of the relevant portions of 4 Pa. Code and 28 Pa. Code will be effective upon final publication in the Pennsylvania Bulletin. No sunset date is necessary.

G.  Statutory Authority

   The Department was authorized by the General Assembly under Reorganization Plan No. 2 of 1977, Reorganization Plan No. 4 of 1981 and amendments to Act 63 to assume the functions and responsibilities of the Governor's Council on Drug and Alcohol Abuse (Council). The Council's authority to regulate and promulgate rules and regulations was transferred to the Department through those reorganization plans. See Reorganization Plan No. 2 of 1977 (transferring duties under the Public Welfare Code with regard to regulation, supervision and licensing of drug and alcohol facilities to the Council), Reorganization Plan No. 4 of 1981 (transferring the functions of the Council to the Department and establishing the Council as an advisory council) and the 1985 Amendments to Act 63 as amended by the act of December 20, 1985 (P. L. 529, No. 119) (amending Act 63 to reference the Pennsylvania Advisory Council on Drug and Alcohol Abuse (Advisory Council)).

H.  Regulatory Review

   Under section 5(a) of the Regulatory Review Act (71 P. S. § 745.5(a)), on April 11, 2001, the Department submitted a copy of the proposed rulemaking to the Independent Regulatory Review Commission (IRRC) and to the Chairpersons of the House Committee on Health and Human Services and the Senate Committee on Public Health and Welfare. In addition to submitting the proposed rulemaking, the Department has provided IRRC and the Committees with a copy of a detailed Regulatory Analysis Form prepared by the Department in compliance with Executive Order 1996-1, ''Regulatory Review and Promulgation.'' A copy of this material is available to the public upon request.

   Under section 5(g) of the Regulatory Review Act, if IRRC has any objections to any portion of the proposed rulemaking, it will notify the Department within 10 days of the close of the Committees' review period. The notification shall specify the regulatory review criteria which have not been met. The Regulatory Review Act specifies detailed procedures for review, prior to final publication of the regulations, by the Department, the General Assembly and the Governor, of objections raised.

I.  Contact Person

   Interested persons are invited to submit all questions, comments, suggestions or objections in writing regarding the proposed rulemaking to John C. Hair, Director, Bureau of Community Program Licensure and Certification, 132 Kline Plaza, Suite A, Harrisburg, PA 17104, (717) 783-8665, within 30 days after publication of this notice in the Pennsylvania Bulletin. Persons with a disability who wish to submit questions regarding the proposed rulemaking may do so by using V/TT (717) 783-6514 for speech and/or hearing impaired persons or the Pennsylvania AT&T Relay Service at (800) 654-5984[TT]. Persons who require an alternative format of this document may contact John Hair so that necessary arrangements may be made.


   Fiscal Note:  10-164. No fiscal impact; (8) recommends adoption.

Annex A



TRAINING] (Reserved)

   (Editor's Note:  As part of this proposed rulemaking, the Department is proposing to delete the text of Chapter 259 which appears at 4 Pa. Code pages 259-1 and 259-2, serial pages (235169) and (235170).)

§ 259.1.  (Reserved).

§ 259.2.  (Reserved).




Subchapter A.  DEFINITIONS

§ 701.1. General definitions.

   The following words and terms, when used in this part, have the following meanings, unless the context clearly indicates otherwise:

   [Alternative activity--The provision of work-oriented, recreational, and other experiences to fill the physical, emotional, social, and spiritual needs of the individual, family, and community.]

*      *      *      *      *

   [Certificate of approval--A certificate which indicates that the Department has found a prevention/intervention activity to be in full or substantial compliance with standards established under this part.]

*      *      *      *      *

   [Education/information activity--The provision of activities and factual data aimed at the development of decision-making skills, goal setting, values awareness and clarification, personal motivation, meaning and purpose, and development of communication and interpersonal skills to increase knowledge and understanding about drugs and alcohol and their effect.]

*      *      *      *      *

   [Prevention level--Planned strategies designed to preclude or reduce those uses of drugs and alcohol which have a negative impact on the individual, the family, and the larger society. Negative impact includes the physical, mental, or social consequences which result in the reduction of optimum functioning at home, in school, at work, or in the community. Research and experience have shown that an approach to prevention which promotes positive behaviors is defined as that which includes increased self-understanding, improved interpersonal and human relations skills, enhanced ability to relate to social institutions, and effective coping behaviors to deal with stress. Prevention activities are targeted at the total population with emphasis on delivery of those services prior to the manifestation of inappropriate behaviors. Prevention activities can be delivered through schools, media, family or community agencies, and groups.]

*      *      *      *      *

§ 701.13.  [Contact person] (Reserved).

   [Questions concerning this part should be directed to the Office of Policy and Planning, Office of Drug and Alcohol Programs, Department of Health, Health and Welfare Building, Harrisburg, Pennsylvania 17120.]


   (Editor's Note:  As part of this proposed rulemaking, the Department is proposing to delete the text of Chapter 713, which appears at 28 Pa. Code pages 713-1--713-10, serial pages (238471) to (238480).)

§§ 713.1--713.5. (Reserved)

§§ 713.11--713.18. (Reserved)

§§ 713.21--713.29. (Reserved)

§§ 713.41--713.43. (Reserved)

[Pa.B. Doc. No. 01-679. Filed for public inspection April 20, 2001, 9:00 a.m.]

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