THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY GREENLEAF, FONTANA, WILLIAMS, ERICKSON, STOUT, MUSTO, FOLMER, BRUBAKER, ALLOWAY, M. WHITE, FERLO, COSTA, EARLL, WAUGH, O'PAKE, LEACH, WONDERLING AND STACK, JANUARY 30, 2009

REFERRED TO CONSUMER PROTECTION AND PROFESSIONAL LICENSURE, JANUARY 30, 2009  

AN ACT

Amending the act of September 27, 1961 (P.L.1700, No.699),

entitled "An act relating to the regulation of the practice

of pharmacy, including the sales, use and distribution of

drugs and devices at retail; and amending, revising,

consolidating and repealing certain laws relating thereto,"

further providing for refusal to grant and revocation and

suspension of licenses; and providing for the donation of

unused prescription drugs.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 5(a)(9) of the act of September 27, 1961

(P.L.1700, No.699), known as the Pharmacy Act, amended December

20, 1985 (P.L.433, No.111), is amended to read:

Section 5.  Refusal to Grant, Revocation and Suspension.--(a)

The board shall have the power to refuse, revoke or suspend the

license of any pharmacist upon proof satisfactory to it that the

pharmacist:

* * *

(9)  Is guilty of grossly unprofessional conduct. The

following acts on the part of a pharmacist are hereby declared

to constitute grossly unprofessional conduct of a pharmacist:

(i)  Willfully deceiving or attempting to deceive the State

Board of Pharmacy or its agents with respect to any material

matter under investigation by the board;

(ii)  Advertising of prices for drugs and pharmaceutical

services to the public which does not conform to Federal laws or

regulations;

(iii)  The public assertion or implication of professional

superiority in the practice of pharmacy;

(iv)  The engaging by any means in untrue, false, misleading

or deceptive advertising of drugs or devices;

(v)  Paying rebates to physicians or any other persons, or

the entering into any agreement with a medical practitioner or

any other person for the payment or acceptance of compensation

in any form for the recommending of the professional services of

either party;

(vi)  The entering into of any agreement with a licensed

medical practitioner for the compounding or dispensing of secret

formula (coded), prescriptions;

(vii)  The misbranding or adulteration of any drug or device

and the sale, distribution or dispensing of any misbranded or

adulterated drug or device as defined in the act of April 14,

1972 (P.L.233, No.64), known as "The Controlled Substance, Drug,

Device and Cosmetic Act";

(viii)  Engaging in the sale or purchase of drugs or devices

whose package bears the inscription "sample" or "not for

resale;"

(ix)  Displaying or permitting the display of his certificate

of licensure and biennial registration document in a pharmacy of

which he is not the proprietor or in which he is not employed;

(x)  Any holder of a biennial pocket registration card who

fails to have the card available for inspection by an authorized

agent when he is practicing;

(xi)  The acceptance back and redistribution of any unused

drug, or a part thereof, except as authorized under section 9.3

of this act, after it has left the premises of any pharmacy,

whether issued by mistake or otherwise, unless it is in the

original sealed container with the name, lot number and

expiration date on the original intact manufacturer's label. The

pharmacy shall maintain records of all such returns, and a full

refund shall be given to the original purchaser, including a

third-party payor;

(xii)  To accept employment as a pharmacist, or share or

receive compensation in any form arising out of, or incidental

to, his professional activities from any medical practitioner or

any other person or corporation in which one or more medical

practitioners have a proprietary or beneficial interest

sufficient to permit them to exercise supervision or control

over the pharmacist in his professional responsibilities and

duties;

(xiii)  To accept employment as a pharmacist, or share or

receive compensation in any form arising out of, or incidental

to, his professional activities from any person who orders said

pharmacist, directly or indirectly, to engage in any aspect of

the practice of pharmacy in contravention of any provision of

this act.

* * *

Section 2.  The act is amended by adding a section to read:

Section 9.3.  Donation of Unused Prescription Drugs.--(a)  

The Department of Health, the board and the Health Care Cost

Containment Council shall jointly develop and implement a pilot

program consistent with public health and safety through which

unused prescription drugs, other than drugs that are controlled

dangerous substances, may be transferred from nursing facilities

to pharmacies operated by the Commonwealth for the purpose of

distributing the prescription drugs to residents who are

medically indigent.

(b)  The Department of Health, the board, the Health Care

Cost Containment Council, the State Board of Medicine and the

State Board of Osteopathic Medicine shall review and evaluate

the program no later than eighteen months after its

implementation and shall submit a report and any recommendations

to the Governor, the President pro tempore of the Senate, the

Speaker of the House of Representatives and the chairmen of the

appropriate legislative committees.

(c)  The Department of Health, the board and the Health Care

Cost Containment Council shall promulgate rules and establish

procedures necessary to implement the program established by

this section. The rules and procedures shall provide:

(1)  For a formulary for the medications to be distributed

pursuant to the program.

(2)  For the protection of the privacy of the individual for

whom the medication was originally prescribed.

(3)  For the integrity and safe storage and safe transfer of

the medication, which may include, but shall not be limited to,

limiting the drugs made available through the program to those

that were originally dispensed by unit dose or an individually

sealed dose or which remain in intact packaging.

(4)  For the tracking of and accountability for the

medications.

(5)  For other matters necessary for the implementation of

the program.

(d)  In accordance with the rules and procedures of a program

established pursuant to this section, the resident of a nursing

facility or the representative or guardian of a resident may

donate unused prescription drugs, other than prescription drugs

that are controlled dangerous substances, for dispensation to

residents who are medically indigent.

(e)  No physician, pharmacist and other health care

professional shall be subject to liability for participation in

the program established by this section when acting within the

scope of practice of his license and in good faith compliance

with the rules promulgated pursuant to this section.

(f)  For purposes of this section, "persons who are medically

indigent" means persons who have no health insurance or who

otherwise lack reasonable means to purchase prescribed

medications.

Section 3.  This act shall take effect in 60 days.