Pennsylvania Code & Bulletin
COMMONWEALTH OF PENNSYLVANIA

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Pennsylvania Code



Subchapter A. GENERAL PROVISIONS


Sec.


711.1.    Scope.
711.2.    Policy.
711.3.    Legal base.
711.4.    Exceptions.
711.5.    Revocation of exceptions.

§ 711.1. Scope.

 (a)  This chapter establishes the procedures for the issuance of a certificate of compliance for drug and alcohol treatment activities which are a part of a health care facility.

 (b)  This chapter also establishes the standards for the certification of compliance, under the act (71 P. S. § §  1690.101—1690.115), of drug and alcohol treatment activities which are part of a health care facility.

§ 711.2. Policy.

 (a)  Persons, partnerships, and corporations or other legal entities intending to operate a facility offering drug and alcohol treatment services within a health care facility shall first be issued a certificate of compliance.

 (b)  Drug and alcohol treatment activities which are a part of a health care facility are also subject to the licensure requirements for a health care facility under Part IV (relating to health facilities). The health care facility will receive a license issued by the Department, under the Health Care Facilities Act (35 P. S. § §  448.101—448.904) which will cover those drug and alcohol activities which are a part of a health care facility. The Department will also issue a certificate of compliance to the drug and alcohol component within the health care facility which will certify that program areas meet the minimum standards which are germane to drug and alcohol treatment under the act (71 P. S. § §  1690.101—1690.115). A health care facility which fails to meet the minimum standards may not be issued a certificate of compliance and a license issued by the Department shall exclude coverage of drug and alcohol activities. The application of the drug and alcohol program standards, in addition to the licensing standards under the Health Care Facilities Act, to drug and alcohol treatment activities within a health care facility, is necessary to insure that the same quality of services are maintained throughout drug and alcohol treatment activities within this Commonwealth.

 (c)  The program standards for license of free-standing drug and alcohol treatment facilities, and for certification of compliance of drug and alcohol treatment activities which are a part of a health care facility, are identical. If the general standards for drug and alcohol treatment activities are the same for a license under the Health Care Facilities Act and for a certificate of compliance under the act they have been deleted in this chapter to avoid a duplication of inspection.

 (d)  Health care facilities that provide the following drug and alcohol treatment activities shall comply with this subchapter and Subchapter B and then the specific subchapter that is applicable to that service. These treatment activities include intake, evaluation and referral, inpatient nonhospital, partial hospitalization, outpatient, and shelter. Health care facilities providing inpatient hospital drug and alcohol detoxification or treatment and rehabilitation services shall comply with Chapter 710 (relating to drug and alcohol services).

§ 711.3. Legal base.

 The authority of the Department to certify for compliance is established under the act.

§ 711.4. Exceptions.

 (a)  The Department may grant exceptions or extensions of time to this part when the policy objectives of this part are met, but no exception will 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 may not be granted for a situation in which a provisional certificate of compliance would be appropriate.

§ 711.5. 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 shall do so, in writing to the Department, within 30 days of receipt of the adverse notification.



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