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The Pennsylvania Code website reflects the Pennsylvania Code changes effective through 54 Pa.B. 1806 (March 30, 2024).

Pennsylvania Code



709.1.    Scope.
709.2.    Policy.
709.3.    Legal base.
709.4.    Exceptions.
709.5.    Revocation of exceptions.

Cross References

   This subchapter cited in 28 Pa. Code §  709.121 (relating to applicability).

§ 709.1. Scope.

 (a)  This chapter establishes the procedures for the issuance of a license by activity to freestanding drug and alcohol treatment facilities. The term, facility, applies to the physical location from which drug and alcohol services are provided. A facility may provide more than one service.

 (b)  This chapter provides standards by activity for the licensure of freestanding drug and alcohol treatment facilities, under the powers and duties contained in Articles IX and X of the Public Welfare Code (62 P. S. § §  901—922, 1001—1031, and 1051—1059).

§ 709.2. Policy.

 (a)  Persons, partnerships and corporations, or other legal entities intending to provide drug and alcohol treatment services, shall first be licensed by the Department.

 (b)  No drug or alcohol freestanding treatment facilities may receive funds from the Department without a license issued under this chapter.

§ 709.3. Legal base.

 The authority of the Department to license drug and alcohol treatment activities is established under the powers and duties contained in Articles IX and X of the Public Welfare Code (62 P. S. § §  901—922, 1001—1031, and 1051—1059) as transferred to the Department by Reorganization Plan No. 2 of 1977 (P. L. 372) (71 P. S. §  751-25) and No. 4 of 1981 (P. L. 610) (71 P. S. §  751-31).

§ 709.4. Exceptions.

 (a)  The Department may, within its discretion, and for good reasons, grant exceptions or extensions of time to this chapter when the policy objectives of this chapter are met, but no exception may be granted which contravenes the authorizing statute.

 (b)  The project director shall submit a written request for an exception which shall include the approval of the governing body.

 (c)  Exceptions will not be granted for a situation in which a provisional license would be appropriate.

§ 709.5. Revocation of exceptions.

 (a)  An exception granted under this chapter may be revoked by the Department. Notice of revocation will be in writing and include the reason for the action of the Department and a specific date upon which the exception will be terminated.

 (b)  In revoking an exception, the Department will provide for a reasonable time between the date of written notice of revocation and the date of termination of an exception for the project to come into compliance with this part.

 (c)  If a project wishes to request a reconsideration of a denial or revocation of an exception, it must do so in writing to the Department within 30 days of receipt of the adverse notification.

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