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LEGISLATION OF INTEREST TO NAMI – PA

September-November 2002

  • Legislation marked in bold indicates bills that are under active consideration either by a committee or the full House or Senate. These bills should receive your immediate attention. If you have concerns or views on the bills, please communicate them to NAMI PA.
  • Legislation marked in red reflects new bills and activity since the last report.
  • Bill Information: To access a copy of any of the bills mentioned below, go to: www.legis.state.pa.us Then, click on “Session” and then click “Electronic Bill Room.” Follow the prompts for accessing the actual bill. At this site, you can obtain the complete text of the bill, view the cosponsors, and review the latest legislative activity.
  • NAMI Position: If NAMI PA has formed an opinion on a particular bill, that information will be provided in the description of the bill in the chart below.
  • If you would like additional legislative information or information on the bills mentioned below, please contact James W. Jordan, Jr., Executive Director of NAMI PA.

Updated November 4, 2002

Bill No.

Sponsor

Description

Date

Action

Senate

       

SB161

PN167

Bell (R-Chester)

Amends the Crimes Code to delete requirement for mental health check prior to obtaining a firearms license

01/30/01

Senate Judiciary

SB242

PN234

Mowery (R-

Cumberland)

Age of consent for minors

Issued resolved through DPW administrative action.

02/02/01

04/03/01

04/30/01

Public Health & Welfare

Reported

Amended

Re-referred to Approp.

SB266

PN268

Mellow (D-Lackawanna)

Establishes the MH and MR Facility Security Act

02/05/01

Public Health & Welfare

SB278

PN279

Greenleaf (R-Mont.)

Amends the Public School Code to establish school violence programs and require policies for drug and alcohol violators

02/05/01

Education

SB279

PN280

Greenleaf(R-Mont.)

Amends the Public School Code to require substance abuse prevention programs

02/05/01

Education

SB 300

PN 343

Costa (R-

Allegheny)

The FairX Prescription Drug Bill" establishes a single PBM for all state pharmaceutical programs, includes prior authorization and rebates, and allows seniors over age 65 to purchase drugs at the PACE price.

03/28/01

 

 

 

 

06/29/01

Reported from Senate Aging and Youth Committee (note: intention is to recommit to Aging & Youth for hearings)

Tabled

SB413

PN2177

Corman (R-Centre)

Establishes the Substance Abuse Education and Demand Reduction Fund – Imposes fines on certain drug offenses; 50% of assessments remain with the county in which conviction occurred for financing drug & alcohol abuse treatment or prevention programs administered by the single county authorities; 50% remitted to state; state may allocated funds to the PA Commission on Crime and Delinquency (PCCD); PCCD to allocate funds in form of grants to eligible organizations for drug and alcohol education, prevention and treatment programs; 20% of fund to A.G. for Drug Prevention Program.

02/12/01

03/13/01

03/19/01

05/21/01

12/12/01

12/13/01

05/07/02

 

06/04/02

06/28/02

09/23/02

09/24/02

Introduced & referred to Senate Judiciary

Reported

Referred to Appropriations

Reported

Passed Senate (47-2)

Referred to H. Judiciary

Reported as amended and Tabled

Referred to Approp.

Reported

Passed House w/amendments (200-0)

Referred to Sen. Rules

SB541

PN561

Earl (R-Erie)

Establishes the Genetic Testing Confidentiality Act, allowing certain disclosure to county MH/MR facilities

02/20/01

Judiciary

SB 542

PN 562

Schwartz (D-Phila.)

Prohibits an insurer from denying or limiting health insurance coverage based on genetic information, from requesting or requiring a person to obtain or disclose genetic information, and from disclosing genetic information without the written consent of the individual

02/20/01

Introduced and Referred to Senate Banking and Insurance Committee

SB659

PN700

Kukovich(D-Westmore.)

MH/MR Staff Member Loan Forgiveness Program

03/19/01

Education

SB700

PN1032

Murphy (R-Pitts.)

Establishes step therapy and therapeutic interchange for state prescription drug programs

05/21/01

Aging & Youth

SB 762

PN 854

O’Pake (D- Berks)

The Pharmaceutical Reform Act establishes a statewide PBM, requires all drug companies that sell prescription drugs to Commonwealth to enter into a rebate agreement, includes prior authorization, establishes a Prescription Drug Advisory Committee

04/03/01

Referred to Senate Public Health and Welfare

SB888

PN1213

Mowery (R-

Cumberland)

Establishes the Pa. Assisted Living Act, requires licensing of facilities and assessment of psychosocial needs

06/18/01

Public Health & Welfare

SB900

PN1061

Hughes (D-Phila.)

Establishes the "Breaking the Silence Grant Program"

05/29/01

Public Health & Welfare

SB917

PN1865

Orie (R-Allegheny)

Creating a MH court division within the Court of Common Pleas

NAMI PA supports this legislation in general, but is working with the committee to include certain felony offenses that are non-violent. The bill as currently written prohibits persons charged with a felony from being eligible for MH court.

06/04/01

12/03/01

04/19/02

04/15/02

Judiciary

Public Hearing – NAMI PA provided testimony

Reported w/amendments

Referred to Appropria.

SB918

PN1083

Orie (R-Allegheny)

Establishes a minimum wage for direct care workers

06/04/01

Public Health & Welfare

SB919

PN1084

Orie (R-Allegheny)

Amends the Mental Health Procedures Act to require written after care programs

06/04/01

Public Health & Welfare

SB920

PN1085

Orie (R-Allegheny)

Establishes a grant program for Empowerment of MH Clients and Family Members

06/04/01

Public Health & Welfare

SB922

PN1074

Orie (R-Allegheny)

School Violence Prevention Act, requires schools to develop violence prevention plans

06/04/01

Education

SB991

PN1201

Greenleaf (R-Mont.)

Amends the MH Procedures Act to add a section on Assisted Outpatient Treatment

06/14/01

Public Health & Welfare

SB 1022

PN 1274

Conti (R-Bucks)

PACE reform, including best price, rebates, Medicare Managed Care Fair Share Program

06/27/01

Referred to Senate Aging and Youth

SB 1036

PN 1293

O’Pake (D-Berks)

Prescription Drug Fair Pricing Coalition, rebates, prior authorization

08/13/01

Referred to Senate Aging and Youth

SB1057

PN1296

Greenleaf (R-Mont.)

Sexually Violent Predators Act, establishes a civil procedure for involuntary commitment

08/31/01

Judiciary

SB1077

PN1338

Greenleaf (R-Mont.)

Amends the Crimes Code to add penalties for sexual offenses by psychotherapists, including mental health counselors and social workers.

10/01/01

Judiciary

SB1089

PN2041

Earll (R-Erie)

Current law requires DNA samples for individuals convicted or adjudicated delinquent for a felony sexual offense. This law clarifies that the DNA sample may be taken from individuals incarcerated at the time the act was enacted, and that samples may be taken even if they were not drawn in a timely fashion.

 

*Note: Language dealing with liability reform was amended into this bill, which accounts for all the amendments in June. The DNA language stayed in the bill.

 

10/09/01

11/14/0112/12/01

12/12/01

03/18/02

03/19/02

 

 

03/25/02

06/04/02

06/04/02

06/12/02

06/17/02

06/19/02

Judicary

Passed Sen. (48-0)

Passed House w/amend-ments (198-0)

Sen. Rules & Executive Nominations

Reported from committee as amended

Senate concurred to House amendments as amended by Senate (needs to go back to the House for another vote)

Referred to House Rules

Reported w/amendments

House concurred to Sen. Amendments (117-78)

Senate concurred w/amend

House concurred

Signed by the Governor

Act 57 of 2002

SB1288

PN1697

Orie (R-Allegh.)

Amends Older Adults Protective Services Act to require social service workers, adult-care workers, mental health professional and others to report suspected cases of elder abuse.

01/30/02

Referred to Aging &Youth

SB1377

PN1857

Stack (D-Phila.)

Creating the Alcohol and Drug Addiction Counselor Loan Forgiveness Program for Commonwealth residents who

graduate from institutions of higher education and apply their education to careers as alcohol and other drug addiction counselors in Pa.

04/05/02

Referred to Education

SR72

PN1020

Orie (R-Allegheny)

Establishing a Jt. State Government Task Force to Study the MH Delivery System

NAMI SUPPORTS & presented testimony at public hearing

05/17/01

12/05/01

Public Health & Welfare

Public Hearing

SR 115

PN1669

Erickson (R-Dela.)

A resolution memorializing the President and Congress to allow the use of federal Medicaid funds for prison drug and alcohol rehabilitation programs.

10/01/01

01/23/02

01/29/02

02/04/02

Intergovernmental Affairs

Reported as amended

Adopted by Senate

Transmitted

SR 149

PN2175

Greenleaf (R-Montco)

A concurrent resolution directing the Jt. State Gov’t Commission to establish a task force and advisory committee to study and make recommendations on the geriatric, seriously ill, lifer population at correctional facilities.

01/10/02

02/05/02

03/25/02

03/27/02

06/04/02

06/28/02

Referred to Judiciary

Reported

Adopted by the Senate House Judiciary

Reported as amended

Amended & adopted by the House (201-0)

SR 223

PN1957

Mowery (R-Cumb.)

A Senate Resolution designating the month of May as "Mental Health Month"

04/29/02

Introduced and Adopted by the Senate

SR215

PN1936

Gerlach (R-Bucks,

Chester)

A Senate Resolution urging the Governor to support the current eligibility rules for medical assistance for children with disabilities including the disregard of parental income.

NAMI SUPPORTS

04/24/02

Introduced and referred to Public Health and Welfare

House

       

HB 1

PN 301

Vance (R-

Cumber-land)

Provides for a single pharmacy benefits manager for certain state programs, prior authorization, rebates, the establishment of the Pa. Extraordinary Prescription Plan, redistribution of prescription drugs within certain health care facilities, etc.

01/30/01

02/05/01

Passed House (191-5)

Referred to Senate Aging and Youth Committee

Note: Possible hearings

HB29

PN15

Youngblood (D-Phila.)

Allows parents and legal guardians to authorize adult caregivers, via a medical consent form, the right to consent to a MH exam on behalf of a minor

01/23/01

Judiciary

HB49

PN557

Schuler (R-Lancaster)

Dealing with regulation of adult living residences, reporting cases of abuse, & increasing supplemental allowance

05/22/01

05/29/01

Passed House (183-16)

Senate Aging & Youth

HB69

PN54

Orie (R-Allegheny)

Amends the Older Adults Protective Services Act to require social services workers and mental health professionals to report cases of suspected elder abuse

01/23/01

Aging & Older Adult Services

HB77

PN62

Orie (R-Allegheny)

Sexually Violent Predators Act, establishes a civil procedure for the involuntary commitment of sexually violent predators

01/23/01

Judiciary

HB121

PN105

Orie (R-Allegheny)

Allocates 25% of tobacco funds for direct care worker salaries (effectively an inactive bill, tobacco settlement finished)

01/23/01

Health & Human Services

HB131

PN114

Orie (R-Allegheny)

Establishes the Self-help Clearinghouse Act to provide information on self-help programs

01/23/01

Health & Human Services

HB141

PN124

Orie (R-Allegheny)

MH/MR Direct Care Workers’ Minimum Salary Act (reintroduced as SB 918)

01/31/01

Health & Human Services

HB257

PN255

Orie (R-Allegheny)

Establishes a Grant Program for Counties for Empowerment of MH Clients and Family Members (reintroduced as SB 920)

01/29/01

Health & Human Services

HB259

PN257

Orie (R-Allegheny)

Amends the Mental Health Procedures Act to require written after care programs (reintroduced as SB919)

01/29/01

Health & Human Services

HB339

PN1626

Birmelin (R-Waymart)

Community Reparative Disposition Program Act; County MH/MR administrator on panel

04/24/01

04/30/01

Passed House (198-0)

Senate Judiciary

HB344

PN3065

Bishop(D-Phila.)

Amends the Crimes Code to require a MH and D&A evaluation for individuals who are convicted of harassment or stalking

01/31/01

05/01/01

05/17/01

12/11/01

01/22/02

Judiciary

Passed House (198-1)

Referred to Sen. Judiciary

Reported from Judiciary with amendments

Rereferred to Sen. Approp.

HB356

PN373

Bishop (D-Phila.)

Amends the D&A Abuse Control Act to allow immediate family members of drug dependent persons to commit them for treatment

01/31/01

Judiciary

HB395

PN412

Bishop (D-Phila.)

Amends the MH/MR Act dealing with confidentiality of records and access to provider policies and practices

01/31/01

Health and Human Services

HB 444

PN 624

Walko (D-Allegh.)

Creates the Pa. Rx Program to reduce prescription drug prices for Pa. residents; creates a Pa. Prescription Drug Advisory Commission to establish maximum retail prices, rebates, prior authorization, and allows the Commonwealth to bring a civil action for injury to any person due to profiteering.

02/08/01

Referred to House Health and Human Services Committee

HB484

PN522

Maitland (R-Adams)

Age of consent for minors

02/06/01

Judiciary

HB552

PN2917

Stairs (R-Fayette)

Provides for early intervention services for infants and youth children with social-emotional development needs

02/07/01

11/19/01

12/03/01

Education

Passed House (195-0)

Referred to Sen. Education

HB644

PN700

Deluca (D-Allegheny)

Establishes the Reportable Events in Medical Treatment Act to require that certain events that occur in facilities, including psychiatric, be reported

02/12/01

Health & Human Services

HB732

PN816

Fairchild (R-Snyder)

Establishes the MH Facility Closure Act to regulate closure of MH facilities

05/01/01

05/11/01

Passed House (198-1)

Sen. Public Health & Welfare

HB746

PN830

Frankel (D-Allegheny)

Dealing with possession of firearms by individuals who are in voluntary commitment

02/14/01

Judiciary

HB768

PN854

Orie (R-Allegheny)

Establishes an MH court within the Court of Common Pleas (reintroduced as SB 917)

02/14/01

Judiciary

HB 784

Bebko-Jones

(D-Erie)

Requires prescription drug insurance policies to include coverage for off-label prescription drugs, even if the drug does not have FDA approval for that indication, provided the drug is recognized for treatment of the indication in one of the standard reference compendia or in medical literature.

02/20/01

Referred to House Insurance Committee

HB1081

PN1240

Trich (D-Washington)

MH Patient Residence Reporting Act

03/20/01

Health & Human Services

HB1099

PM1275

McNaughton (R-Dauphin)

Creates a process for parents to temporarily assign their right to consent to medical and MH treatment for their children

03/21/01

Judiciary

HB1100

PN1276

Petrone (D-Pitts.)

MH/MR Staff Member Loan Forgiveness Program

03/21/01

Health & Human Services

HB1112

PN1288

Myers (D-Phila.)

$90 million supplemental appropriation to DPW for community mental health (offered as part of budget process)

03/21/01

Appropriations

HB1306

PN1535

Cruz (D-Phila.)

MH Background checks for purchase of a handgun

04/09/01

Judiciary

HB1401

PN 2289

Oliver (D-Phila.)

Exempts individuals who have been convicted of a felony drug offense from the federal ban on cash assistance and food stamps. Requires that such individual be referred for drug and alcohol assessment and treatment.

04/24/01

06/19/01

06/19/01

09/24/01

02/11/02

02/19/02

10/08/02

10/09/02

Health & Human Services

Reported as amended

Referred to Rules

Reported

Passed by the House (177-19)

Referred to Senate State Government

Reported w/amendments

Referred to Appropriations

HB1448

PN1720

Maitland (R-Adams)

Age of consent for minors

*There is a proposed amendment that some of the members of the committee oppose, because of a provision that gives parent’s limited signature rights and access to their child’s mental health records. There was a view that this would limit existing rights of parents, but under interpretation of current law and regulation, parents do not have rights to access their child’s mental health records. DPW issued a Bulletin last fall stating that even when the parents consented to mental health treatment for their minor child, the child has control over access to the records.

.

04/26/01

03/06/02

03/13/02

03/18/02

09/30/02

10/07/02

10/16/02

Health & Human Services

Scheduled for Committee Consideration

Reported w/out amendment

Referred to Appropriations

Reported

Passed by the House (197-2)

Referred to Senate Public

Health & Welfare Comm.

HB1626

PN2648

Schuler (R-Lancaster)

Provides for Licensure of Home Care Agencies

05/21/01

10/15/01

10/19/01

Aging & Older Adult Serv.

Passed House (194-4)

Sen. Public Health & Welfare

HB1627

PN2649

Pallone (D-Allegh.)

Creating the Long-term care Resident Fatality Review Team Act

10/15/01

11/19/01

Passed House 199-0

Senate Public Health &Welfare

HB1628

PN2681

Schuler (R-Lancaster)

Creates the Personal Care Home Admission and Retention Act

05/21/01

10/15/01

10/19/01

H.Aging & Older Adults

Passed House (199-0)

Sen. Public Health & Welfare

HB1629

PN1986

Wajnaroski

(D-Johnstown)

Cognitive Support Services Licensing Act

05/21/01

10/15/01

10/19/01

Aging & Older Adult Ser.

Passed House (199-0)

Referred to Senate Public Health and Welfare

HB1778PN2273

J.Taylor (R-Phila.)

Amends Insurance Company Law to prohibit insurers from denying coverage for FDA approved drugs when used to treat a chronic, disabling or life threatening illness, provided the drug was not specifically prohibited when the prescription plan was purchased, requiring off label use of drugs

06/19/01

Referred to House Ins.

HB1781

PN2276

Clymer (R-Bucks)

$7 million additional funding for MH/MR (offered as part of the budget process)

06/19/01

Appropriations

HB1813

PN2681

Gordner (D-Berwick)

Amends Social Workers, Marriage and Family Therapists and Professional Counseling Act to change definition of "practice of professional counseling" to include "to the extent compatible with practitioner’s education and professional competence

06/21/01

10/16/01

11/19/01

 

01/23/02

01/30/02

02/04/02

02/13/02

Referred to Prof. Licensure

Passed House (200-1)

Referred to Sen. Consumer Protection and Professional Licensure

Reported as committed

Passed Senate (48-0)

Signed in House & Senate

Signed by the Governor

Act 4 of 2002

HB1822

PN2360

Armstrong (R-Lanc.)

Protection of Personal Information Act, including MH information

06/21/01

Intergovernmental Affairs

HB1880

PN2442

Lynch (R-Warren)

Inmate Diversion Act, establishes an intake program to link inmates with appropriate programs including D&A and MH

08/20/01

Judiciary

HB2070

PN2938

J. Evans (R-Erie)

Makes it a 2nd degree misdemeanor to intentionally conceal a hypodermic needle during a search or arrest when the needle penetrates the skin of an employee of a correctional institution, county jail, detention facility or mental hospital.

10/24/01

11/20/01

12/06/01

03/26/02

04/09/02

04/24/02

House Judiciary

Passed House (197-0)

Referred to Sen. Judiciary

Reported w/out amendment

On Sen. Calendar on 2nd consideration

Tabled

HB2308

PN3176

Barrar (R-Delaware)

Amends the Public School Code to prohibit school officials or employees from recommending that a child use psychotropic or sympathomimetic drugs.

01/28/02

Referred to Health & Human Services

HB2374

PN3334

Maitland (R-Adams)

Amends Mental Health Procedures Act to allow the involuntary treatment of a person who has inflicted or attempted to inflict cruelty on an animal, intentionally caused significant damage to substantial property of another person, or has made one or more threats of harm and the totality of circumstances supports a finding of danger; person unable to make a rational treatment decision and serious physical or mental debilitation will ensue from the refusal to take medication or accept treatment.

July 24, 2002 Hearing in Bridgeport

July 31, 2002 Hearing in Pittsburgh

02/14/02

Referred to Judiciary

HB2736

PN4079

Kenney (R-Phila.)

Amends the Medicaid law to establish standards for formularies for the Medicaid fee-for-service population. Prevents patients from being switched from one medication to another; allows access to new FDA approved drugs; establishes standards for number of drugs in a therapeutic class.

NAMI Supports

06/02/02

Health & Welfare Comm.

HR293

PN 2520

Nailor (R-Cumb.)

Creating a Jt. State Government Commission to establish a task force to study the availability of services for person with serious mental illness, including the consequences of leaving untreated and gaps in private insurance coverage.

NAMI PA Supports.

10/26/01

Referred to Rules

HR303

PN2578

DeLuca (D-Allegh.)

Recognizes October 11, 2001 as National Depression Screening Day in Pa.

10/01/01

Passed by House (201-1)

HR414

PN3247

Washington (D-Phila.)

Directing the Depts. of Health and Education to jointly determine whether the diagnosis of children with ADD or ADH have been excessive and whether children have been subjected to excessive use of psychiatric drugs to modify their behavior.

02/06/02

Referred to Rules

HR494

PN3523

Josephs (D- Phila.)

Directs the Dept. of Health to study problem of in-vehicle drinking and related drug use by teens.

03/27/02

10/01/02

10/07/02

Referred to Rules

Reported

Adopted by House (199-0)

HR512

PN3704

O’Brien (R-Phila.)

A Senate Resolution urging the Governor to support the current eligibility rules for medical assistance for children with disabilities including the disregard of parental income.

NAMI SUPPORTS

04/17/02

Introduced and referred to Rules

         

 

 

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