PRIOR PRINTER'S NOS. 191, 710                 PRINTER'S NO. 1172

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 175 Session of 1985


        INTRODUCED BY ITKIN, SAURMAN, TRELLO, MORRIS, GREENWOOD,
           SEVENTY, LEVIN, NOYE, HAGARTY, KOSINSKI, DALEY, E. Z. TAYLOR,
           SHOWERS, KUKOVICH, MILLER, BARBER, DeLUCA, HONAMAN, WILSON,
           BOOK, FOX, FLICK, D. R. WRIGHT, BUSH, GAMBLE, LAUGHLIN,
           OLIVER, FREEMAN, PRESSMANN, ARTY, SEMMEL, PUNT, RAYMOND,
           MERRY, DISTLER, PRESTON, ROBBINS, EVANS, HALUSKA, BUNT,
           D. W. SNYDER, CORNELL, JOSEPHS, McVERRY, MRKONIC AND COY,
           FEBRUARY 4, 1985

        AS RE-REPORTED FROM COMMITTEE ON CONSUMER AFFAIRS, HOUSE OF
           REPRESENTATIVES, AS AMENDED, MARCH 25, 1985

                                     AN ACT

     1  Amending the act of November 4, 1983 (P.L.217, No.63), entitled
     2     "An act establishing a program of limited pharmaceutical
     3     assistance for the elderly; granting powers to and imposing
     4     duties on the Department of Aging; establishing a payment
     5     system; making provisions for funding; providing for reports;
     6     and fixing penalties for violations of the pharmaceutical
     7     assistance program," further providing for program criteria;
     8     and providing for a prescription drug education program.


     9     The General Assembly of the Commonwealth of Pennsylvania
    10  hereby enacts as follows:
    11     Section 1.  Section 4(e)(9) of the act of November 4, 1983
    12  (P.L.217, No.63), known as the Pharmaceutical Assistance
    13  Contract for the Elderly Act, is amended to read:
    14  Section 4.  Responsibilities of Department of Aging.
    15     * * *
    16     (e)  Program criteria.--The program shall include the
    17  following criteria:

     1         * * *
     2         (9)  [A system of mail order delivery for prescriptions
     3     shall be prohibited under this program.] The department may
     4     not enter into a contract with a private contractor for an
     5     exclusive mail order system for the delivery of prescription
     6     drugs under this program. Nothing herein shall prohibit an
     7     individual mail order pharmacy service that is licensed by
     8     the Commonwealth and which has its principal place of
     9     business within this Commonwealth from participating as a
    10     provider under the program after. WITHIN a period of six       <--
    11     months following the effective date of this amendatory act.    <--
    12     Prior to that date, the State Board of Pharmacy, THE           <--
    13     DEPARTMENT shall develop and promulgate specific regulations
    14     governing the practice of mail order pharmacy AND OTHER        <--
    15     ENROLLED PROVIDERS to include the following minimum standards
    16     of practice to ensure the health, safety and welfare of
    17     program participants:
    18             (i)  The appropriate method or methods by which such
    19         pharmacies shall verify the identity of the program
    20         recipient and the authenticity of prescriptions received.
    21             (ii)  The appropriate method or methods by which such
    22         pharmacies shall mail OR DELIVER prescription drugs to     <--
    23         program recipients ensuring, to the maximum extent
    24         possible, that the intended program recipient is the
    25         actual ultimate recipient of any prescription dispensed
    26         by such pharmacies.
    27             (iii)  The appropriate method or methods by which
    28         such pharmacies shall communicate with program
    29         participants in emergency situations.
    30             (iv)  The extent to which pharmacists employed by      <--
    19850H0175B1172                  - 2 -

     1         such pharmacies shall have authority to govern pharmacy
     2         practice within such pharmacies consistent with the act
     3         of September 27, 1961 (P.L.1700, No.699), known as the
     4         Pharmacy Act.
     5         * * *
     6     Section 2.  The act is amended by adding a section to read:
     7  Section 4.1.  Prescription drug education program.
     8     The department, in cooperation with the Department of Health,
     9  shall develop and implement a Statewide prescription drug
    10  education program designed to inform older adults of the dangers
    11  of prescription drug abuse and misuse. The prescription drug
    12  education program shall include, but not be limited to,
    13  information concerning the following:
    14         (1)  The hazards of prescription drug overdose.
    15         (2)  The potential dangers of mixing prescription drugs.
    16         (3)  The danger of retaining unused prescription drugs
    17     after the need to take them no longer exists.
    18         (4)  The necessity to carefully question physicians and
    19     pharmacists concerning the effects of taking prescription
    20     drugs.
    21         (5)  The advisability of maintaining a prescription drug
    22     profile or other record of prescription drug dosage and
    23     frequency of dosage.
    24         (6)  The desirability of advising family members of the
    25     types and proper dosage of prescription drugs which are being
    26     taken.
    27         (7)  The dangers of taking prescription drugs in excess
    28     of prescribed dosages.
    29         (8)  The need to obtain complete, detailed directions
    30     from the physician or pharmacist concerning the time period a
    19850H0175B1172                  - 3 -

     1     prescription drug should be taken.
     2     Section 3.  This act shall take effect immediately.



















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