Pa. Code 701.3

Legal base

This section establishes the statutory authority under which Pennsylvania's Part 701 regulations are issued, citing the Drug and Alcohol Act, the Controlled Substance Act, the Public Welfare Code, the Health Care Facilities Act, and related administrative reorganization plans. It is a legal base provision that does not itself set operating standards but provides the foundational authority for the chapter's licensing and regulatory requirements. Compliance staff should understand that the chapter is jointly administered by OMHSAS and DDAP, covering both mental health and substance use disorder facilities.

28 Pa. Code § 701.3 - Legal base 

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This part is issued under the authority contained in the following statutes:

(1)
 The act, as transferred to the Department by Reorganization Plan No. 4 of 1981 (P. L. 610) (
71 P. S. §
 
759-4
).

(2)
 The Controlled Substance, Drug, Device and Cosmetic Act (35 P. S. §§ 780-101-780-144).

(3)
 Articles IX and X of the Public Welfare Code (
62 P. S. §§
 
901
-
922
 and 
1001
-
1088
), as transferred by Reorganization Plan No. 2 of 1977 (P. L. 372) (
71 P. S. §
 
757-2
) and No. 4 of 1981 (
71 P. S. §
 
757-2
).

(4)
 The Health Care Facilities Act (
35 P. S. §
 
448.101
-
448.904b
).

(5)
 The act of July 9, 2010 (P. L. 348, No. 50), codified in section 2301-A of The Administrative Code of 1929 (
71 P. S. §
 
613.1
).

Notes

28
 Pa. Code §
 
701.3

The
 provisions of this § 701.3 amended October 17, 2014,
 effective 
10/18/2014
, 44 Pa.B.
 6658.

The provisions of this § 701.3 amended under section 2301-A
 of The Administrative Code of 1929 (
71 P. S. §
 
613.1
).

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