PRINTER'S NO. 3414
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2773
Session of
2022
INTRODUCED BY PENNYCUICK, HENNESSEY, BOBACK, INNAMORATO AND
CIRESI, AUGUST 22, 2022
REFERRED TO COMMITTEE ON JUDICIARY, AUGUST 22, 2022
AN ACT
Amending the act of April 9, 1929 (P.L.177, No.175), entitled
"An act providing for and reorganizing the conduct of the
executive and administrative work of the Commonwealth by the
Executive Department thereof and the administrative
departments, boards, commissions, and officers thereof,
including the boards of trustees of State Normal Schools, or
Teachers Colleges; abolishing, creating, reorganizing or
authorizing the reorganization of certain administrative
departments, boards, and commissions; defining the powers and
duties of the Governor and other executive and administrative
officers, and of the several administrative departments,
boards, commissions, and officers; fixing the salaries of the
Governor, Lieutenant Governor, and certain other executive
and administrative officers; providing for the appointment of
certain administrative officers, and of all deputies and
other assistants and employes in certain departments, boards,
and commissions; providing for judicial administration; and
prescribing the manner in which the number and compensation
of the deputies and all other assistants and employes of
certain departments, boards and commissions shall be
determined," in powers and duties of the Department of Health
and its departmental administrative and advisory boards,
further providing for additional powers and duties of the
department.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 2120 of the act of April 9, 1929
(P.L.177, No.175), known as The Administrative Code of 1929, is
amended to read:
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Section 2120. Additional Powers and Duties of the
Department.--(a) The Department of Health shall have the power
and its duty shall be to carry out those powers and duties
conferred upon the Secretary of Health and the Department of
Health under the act of April 14, 1972 (P.L.233, No.64), known
as "The Controlled Substance, Drug, Device and Cosmetic Act."
Notwithstanding any provision of "The Controlled Substance,
Drug, Device and Cosmetic Act," loperamide hydrochloride is
expressly deemed not to be a controlled substance within the
meaning of section 4 of that act.
(b) The following shall apply:
(1) A person who is registered with the United States Drug
Enforcement Administration to manufacture in bulk a basic class
of a controlled substance listed in Schedule I or II under the
Controlled Substances Act (Public Law 91-513, 84 Stat. 1236)
shall not be in violation of "The Controlled Substance, Drug,
Device and Cosmetic Act," if the person meets all of the
following requirements:
(i) The person acts under the scope of, and remains
compliant with, the terms of the registration.
(ii) The person submits a notice, along with a copy of the
registration and any other documentation, evidencing proof of
registration to the Department of Health.
(2) Upon receipt of the information under clause (1)(ii),
the Department of Health shall transmit a notice to the
Legislative Reference Bureau for publication in the Pennsylvania
Bulletin with the following information:
(i) The name of the person.
(ii) The bulk-controlled substance that the person has been
approved to manufacture.
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(iii) A statement that the person shall be deemed in
compliance with the provisions of this subsection if the person
possesses an active registration from the United States Drug
Enforcement Administration.
(3) Within thirty days of the effective date of this
subsection, the Department of Health shall transmit a notice to
the Legislative Reference Bureau for publication in the
Pennsylvania Bulletin providing for a standardized form for a
person to evidence proof of registration with the United States
Drug Enforcement Administration under clause (1)(ii).
Section 2. This act shall take effect in 60 days.
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