1Amending Title 44 (Law and Justice) of the Pennsylvania
2Consolidated Statutes, establishing the Pharmaceutical
3Accountability Monitoring System; and imposing penalties.

4The General Assembly of the Commonwealth of Pennsylvania
5hereby enacts as follows:

6Section 1.  Title 44 of the Pennsylvania Consolidated
7Statutes is amended by adding a chapter to read:

8CHAPTER 27

9PHARMACEUTICAL ACCOUNTABILITY MONITORING SYSTEM

10Sec.

112701.  Short title of chapter.

122702.  Purpose.

132703.  Scope of chapter.

142704.  Definitions.

152705.  Advisory committee.

162706.  Establishment of Pharmaceutical Accountability Monitoring
17System.

12707.  Requirements for Pharmaceutical Accountability Monitoring
2System.

32708.  Access to prescription information.

42709.  Unlawful acts and penalties.

52710.  Education and treatment.

62711.  Immunity.

72712.  Additional provisions.

82713.  Use of money collected.

92714.  Rules and regulations.

102715.  Evaluation, data analysis and reporting.

112716.  Concurrent jurisdiction.

12§ 2701.  Short title of chapter.

13This chapter shall be known and may be cited as the
14Pharmaceutical Accountability Monitoring System Act.

15§ 2702.  Purpose.

16The purpose of this chapter is to reduce the abuse of
17controlled substances and fraud by providing a tool that will
18ensure that practitioners making prescribing decisions have
19complete and reliable information about what, if any, other
20prescription drugs have recently been prescribed to their
21patients. It is the purpose of this act to provide reporting
22mechanisms, with full confidentiality protections, in which
23dispensers report prescription information to a central
24repository, in order to identify ultimate user and practitioner
25behaviors that give rise to a reasonable suspicion that
26prescription drugs are being inappropriately obtained or
27prescribed, so that appropriate ameliorative and corrective
28action, including treatment for individuals suffering from drug
29and alcohol addiction, may be taken. This chapter is further
30intended to help detect, refer to law enforcement and regulatory

1agencies and deter prescription drug fraud and diversion.

2§ 2703.  Scope of chapter.

3This chapter is intended to improve the Commonwealth's
4ability to enable informed and responsible prescribing and
5dispensing of controlled substances and to reduce diversion and
6misuse of such drugs in an efficient and cost-effective manner
7that will not impede the appropriate medical utilization of
8licit controlled substances.

9§ 2704.  Definitions.

10The following words and phrases when used in this chapter
11shall have the meanings given to them in this section unless the
12context clearly indicates otherwise:

13"Active investigation."  An investigation that is being
14conducted with a reasonable good faith belief that it could lead
15to the filing of administrative, civil or criminal proceedings,
16or that is ongoing and continuing and for which there is a
17reasonable good faith anticipation of securing an arrest or
18prosecution in the foreseeable future.

19"Alcohol and other drug addiction treatment program."  Any
20facility or treatment program that is licensed by the
21Commonwealth to provide alcohol and other drug addiction
22treatment on a hospital, nonhospital residential or outpatient
23basis.

24"Controlled substance."  A drug, substance or immediate
25precursor included in Schedule II, III, IV or V of the act of
26April 14, 1972 (P.L.233, No.64), known as The Controlled
27Substance, Drug, Device and Cosmetic Act, or the Controlled
28Substances Act (Public Law 91-513, 84 Stat. 1236).

29"Database."  The Pharmaceutical Accountability Monitoring
30System established in section 2706 (relating to establishment of

1Pharmaceutical Accountability Monitoring System).

2"Department."  The Department of Drug and Alcohol Programs.

3"Dispense."  To deliver a controlled substance, other drug or
4device to an ultimate user by or pursuant to the lawful order of
5a practitioner.

6"Dispenser."  A practitioner who dispenses in this
7Commonwealth, including mail order and Internet sales of
8pharmaceuticals. The term does not include any of the following:

9(1)  A licensed health care facility or long-term care
10pharmacy that distributes such substances for the purpose of
11inpatient hospital, long-term care facility administration or
12licensed life provider.

13(2)  A practitioner or other authorized person who
14administers such a substance.

15(3)  A wholesale distributor of a controlled substance.

16(4)  A hospice care provider.

17(5)  A medical practitioner at a health care facility
18licensed by this Commonwealth if the quantity of controlled
19substances dispensed is limited to an amount adequate to
20treat the patient for a maximum of 24 hours with not more
21than two 24-hour cycles within any 15-day period.

22"Dispensing veterinarian."  A veterinarian who dispenses in
23this Commonwealth.

24"Internet pharmacy."  A person, entity or Internet site,
25whether in the United States or abroad, that knowingly or
26intentionally delivers, distributes or dispenses, or offers or
27attempts to deliver, distribute or dispense, a controlled
28substance by means of the Internet, including a pharmacy.

29"Licensed health care facility."  A health care facility that
30is licensed under Article X of the act of June 13, 1967 (P.L.

131, No.21), known as the Public Welfare Code, or the act of July
219, 1979 (P.L.130, No.48), known as the Health Care Facilities
3Act.

4"LIFE."  The program of medical and supportive services known
5as Living Independently for Elders.

6"Mail-order pharmacy."  A pharmacy that dispenses controlled
7substances using the United States Postal Service or any express
8delivery service.

9"PAMS."  The Pharmaceutical Accountability Monitoring System
10established in section 2706 (relating to establishment of
11Pharmaceutical Accountability Monitoring System).

12"Practitioner."  The term shall mean:

13(1)  a physician, dentist, pharmacist, podiatrist,
14physician assistant, certified registered nurse practitioner,
15dispensing veterinarian or other person licensed, registered
16or otherwise permitted to distribute, dispense or to
17administer a controlled substance, other drug or device in
18the course of professional practice or research in this
19Commonwealth; or

20(2)  a pharmacy, hospital, clinic or other institution
21licensed, registered or otherwise permitted to distribute,
22dispense, conduct research with respect to or to administer a
23controlled substance, other drug or device in the course of
24professional practice or research in this Commonwealth.

25"Ultimate user."  A person who lawfully possesses a
26controlled substance, other drug, device or cosmetic for his own
27use or for the use of a member of his household or for
28administering to an animal in his care.

29§ 2705.  Advisory committee.

30(a)  Establishment.--An advisory committee is established to

1provide input and advice to the department regarding the
2establishment and maintenance of PAMS, including, but not
3limited to:

4(1)  Use of PAMS to improve patient care, to identify and
5address addiction and to facilitate the goal of reducing
6misuse, abuse, overdose, addiction to and diversion of
7controlled substances and drugs of concern.

8(2)  Safeguards for the release of information to
9authorized users.

10(3)  The confidentiality of prescription monitoring
11information and the integrity of the patient's relationship
12with the patient's health care provider.

13(4)  Development of criteria for referring prescription
14monitoring information to a law enforcement or professional
15licensing agency.

16(5)  Development of criteria for referring a prescriber,
17dispensing veterinarian or dispenser to a professional
18licensing agency or impaired professionals association.

19(6)  The design and implementation of training, education
20or instruction.

21(7)  The provision of assessment and referral to alcohol
22and other drug addiction treatment as part of any other
23requirements of this chapter.

24(8)  Technical standards for electronic reporting of
25prescription monitoring information.

26(9)  Technological improvements to facilitate the
27interoperability of PAMS with other State prescription drug
28monitoring programs and electronic health information systems
29and to facilitate prescribers' and dispensers' access to and
30use of PAMS.

1(10)  Proper analysis and interpretation of prescription
2monitoring information.

3(11)  Design and implementation of an evaluation
4component.

5(12)  Recommended appointments to the advisory committee.

6(b)  Confidentiality.--For the purpose of providing input and
7advice pursuant to subsection (a), no advisory committee member
8shall receive prescription monitoring information which
9identifies, or could reasonably be used to identify, the
10patient, prescriber, dispensing veterinarian, dispenser or other
11person who is the subject of the information.

12(c)  Membership.--

13(1)  The department shall establish an advisory committee
14comprised of the following:

15(i)  A representative recommended by the Department
16of State representing the State Board of Medicine, the
17State Board of Nursing and the State Board of Veterinary
18Medicine.

19(ii)  A representative recommended by the State Board
20of Pharmacy.

21(iii)  A representative recommended by the Attorney
22General.

23(iv)  Two physicians recommended by the Pennsylvania
24Medical Society, one of whom holds membership in the
25American Society of Addiction Medicine and the other who
26is a physician with expertise in chronic pain management
27and treatment.

28(v)  A representative recommended by the Pennsylvania
29District Attorneys Association.

30(vi)  A representative recommended by the

1Pennsylvania Coroners Association.

2(vii)  A representative recommended by the Drug and
3Alcohol Service Providers Organization of Pennsylvania.

4(viii)  A representative of chronic pain patients
5recommended by a physician with expertise in chronic pain
6management.

7(ix)  A representative of veterinary medicine with
8dispensing practice recommended by the Pennsylvania
9Veterinary Medical Association.

10(2)  The department may also appoint persons with
11recognized expertise, knowledge and experience in the
12establishment and maintenance of prescription monitoring
13programs, skills and expertise in alcohol and other drug
14addiction assessment and referral to addiction treatment or
15issues involving the misuse, abuse or diversion of, or the
16addiction to, controlled substances or drugs of concern.

17(d)  Quorum.--Nine members of the advisory committee shall
18constitute a quorum for the transaction of all business. The
19members shall elect a chairman and such other officers as deemed
20necessary whose duties shall be established by the advisory
21committee. The department shall convene the advisory committee
22at least quarterly using telecommunication whenever possible.

23(e)  Staff assistance.--The department shall provide the
24advisory committee with any staff services which may be
25necessary for the advisory committee to carry out its duties
26under this chapter.

27§ 2706.  Establishment of Pharmaceutical Accountability
28Monitoring System.

29(a)  General rule.--The department shall establish and
30administer the Pharmaceutical Accountability Monitoring System

1(PAMS) for monitoring all controlled substances that are
2dispensed within this Commonwealth by all practitioners,
3dispensing veterinarians or dispensers, including, but not
4limited to, a practitioner, dispensing veterinarian or dispenser
5that dispenses to a person or ships to an address within this
6Commonwealth.

7(b)  Data compliance.--Data required by this section shall be
8submitted in compliance with this section to the department by
9the pharmacy or other dispensing entity.

10(c)  Registration.--Each dispenser and practitioner
11dispensing or prescribing controlled substances shall register
12with and establish a user name and personal identification
13number that permits access to the secure website housing PAMS
14established by this chapter.

15§ 2707.  Requirements for Pharmaceutical Accountability
16Monitoring System.

17(a)  Submission.--The dispenser shall, regarding each
18controlled substance dispensed, submit by electronic means to
19the department the following information using methods of
20transmission protocols and in a format established by the
21department:

22(1)  Full name of the prescribing practitioner.

23(2)  Prescriber Drug Enforcement Agency (DEA)
24registration number.

25(3)  Date the prescription was written.

26(4)  Date the prescription was dispensed.

27(5)  Full name, date of birth, gender and address of the
28person for whom the prescription was written and dispensed.

29(6)  Name of the controlled substance.

30(7)  Quantity of the controlled substance prescribed.

1(8)  Strength of the controlled substance.

2(9)  Quantity of the controlled substance dispensed.

3(10)  Dosage quantity and frequency prescribed.

4(11)  Name of the pharmacy or other entity dispensing the
5controlled substance.

6(12)  Dispensing entity's DEA registration number and
7NPI.

8(13)  Source of payment for the prescription.

9(14)  Other relevant information as established by
10department regulations.

11(b)  Veterinary dispensers.--The dispensing veterinarian
12shall, regarding each controlled substance dispensed, submit by
13electronic mail to the department the following information:

14(1)  Pet's name.

15(2)  Owner's name.

16(3)  Pet's or owner's address.

17(4)  Practice's name.

18(5)  Dispensing veterinarian's name.

19(6)  DEA license number.

20(7)  Date the prescription was written.

21(8)  Date the prescription was dispensed.

22(9)  Name of the controlled substance.

23(10)  Quantity and strength of the medication.

24(11)  Dosage and frequency of the medication.

25(c)  Frequency.--

26(1)  Each dispenser shall submit the information required
27by this chapter not later than seven days after the
28dispensing of a controlled substance monitored by PAMS. The
29department shall implement a real-time reporting requirement
30as expeditiously as possible.

1(2)  Each dispensing veterinarian shall submit the
2information required by this chapter within six months of
3dispensing a controlled substance monitored by PAMS to the
4department.

5(d)  Maintenance.--The department shall maintain PAMS in an
6electronic file or by other means established by the department
7to facilitate use of the database.

8(e)  Recordkeeping.--The department shall maintain a record
9of PAMS queries for reference, including:

10(1)  Identification of each person who requests or
11receives information from PAMS.

12(2)  The information provided to each person.

13(3)  The date and time the information is requested and
14provided.

15(f)  Expungement.--The department shall remove from PAMS all
16identifying information more than six years old from the date of
17collection. Such information shall then be destroyed unless a
18law enforcement agency or a professional licensing or
19certification agency or board for prescribers or dispensers has
20submitted a written request to the department for retention of
21specific information. All requests shall comply with procedures
22adopted by the department.

23§ 2708.  Access to prescription information.

24(a)  General rule.--Except as set forth in subsection (c),
25prescription information submitted to the department and records
26of requests to query the data shall be confidential and not
27subject to disclosure under the act of February 14, 2008 (P.L.6,
28No.3), known as the Right-to-Know Law.

29(b)  Privacy procedures.--The department shall maintain
30procedures to ensure that the privacy and confidentiality of

1patients and patient information collected, recorded,
2transmitted and maintained is not disclosed to persons except
3those enumerated in subsection (d).

4(c)  Queries.--

5(1)  A practitioner may query the data for an existing
6patient.

7(2)  A practitioner may query the data for prescriptions
8written using his or her own DEA number.

9(3)  A Federal or State law enforcement official whose
10duties include enforcing laws relating to controlled
11substances and prescription drugs shall be provided access to
12the information from PAMS relating to the person who is the
13subject of an active investigation of a drug abuse offense,
14including, but not limited to, violations of the act of April
1514, 1972 (P.L.233, No.64), known as The Controlled Substance,
16Drug, Device and Cosmetic Act, insurance fraud, medicare
17fraud or medicaid fraud pursuant to an active investigation.

18(d)  Limited availability.--The department shall make
19information in PAMS available only to the following persons and
20in accordance with department regulations:

21(1)  Personnel of the department specifically assigned to
22conduct internal reviews related to controlled substances
23laws under the jurisdiction of the department.

24(2)  Authorized department personnel engaged in analysis
25of controlled substance prescription information as a part of
26the assigned duties and responsibilities of their employment.

27(3)  Qualified personnel for the purpose of bona fide
28research or education. Data elements that would reasonably
29identify a specific recipient, prescriber, dispensing
30veterinarian or dispenser shall be deleted or redacted from

1such information prior to disclosure. Release of the
2information shall only be made pursuant to a written
3agreement between such qualified personnel and the department
4in order to ensure compliance with this chapter.

5(4)  A practitioner, dispensing veterinarian or a
6representative employed by the practitioner, designated by
7the practitioner pursuant to criteria established by the
8department, having authority to prescribe controlled
9substances, to the extent that the information relates to a
10current patient of the practitioner or dispensing
11veterinarian to whom the practitioner or dispensing
12veterinarian is prescribing or considering prescribing any
13controlled substance.

14(5)  A pharmacist, or a designee employed by the
15pharmacist, designated by the pharmacist pursuant to criteria
16established by the department, having authority to dispense
17controlled substances to the extent the information relates
18specifically to a current patient to whom that pharmacist is
19dispensing or considering dispensing any controlled
20substance.

21(6)  A designated representative from the Commonwealth or
22out-of-State agency or board responsible for licensing or
23certifying prescribers, dispensing veterinarians or
24dispensers who is involved in a bona fide investigation of a
25prescriber, dispensing veterinarian or dispenser whose
26professional practice was or is regulated by that agency or
27board.

28(7)  A medical examiner or county coroner for the purpose
29of investigating the death of an individual.

30(8)  A designated prescription monitoring official of a

1state with which this Commonwealth has an interoperability
2agreement may access prescription monitoring information in
3accordance with the provisions of this chapter and procedures
4adopted by the department.

5(9)  An individual who is the recipient of a controlled
6substance prescription entered into PAMS upon providing
7evidence satisfactory to the PAMS manager that the individual
8requesting the information is in fact the person about whom
9the data entry was made.

10(10)  The Office of Attorney General of Pennsylvania or
11the equivalent law enforcement officer of another state may
12access information from the PAMS for an active investigation
13of a criminal violation of law governing controlled
14substances.

15(11)  Authorized personnel of the Department of Public
16Welfare engaged in the administration of the medical
17assistance program.

18(e)  Dispenser access.--No person shall knowingly hinder a
19pharmacist, dispensing veterinarian or practitioner who
20dispenses who is eligible to receive information from PAMS from
21requesting and receiving such information in a timely fashion.

22§ 2709.  Unlawful acts and penalties.

23(a)  Knowing and intentional release or use.--A person may
24not knowingly and intentionally use, release, publish or
25otherwise make available any information obtained from PAMS for
26any purpose other than those specified in section 2708(c)
27(relating to access to prescription information). A person who
28does knowingly and intentionally release or use information from
29PAMS that is not authorized in section 2708(c) commits a felony
30of the third degree and is subject to a civil penalty of not

1less than $5,000, or shall be sentenced to imprisonment of not
2more than 90 days, or both, for each offense.

3(b)  Misrepresentation or fraud.--Any person who obtains or
4attempts to obtain information from PAMS by misrepresentation or
5fraud commits a felony of the third degree.

6(c)  Unauthorized purpose.--Any person who obtains or
7attempts to obtain information from PAMS for a purpose other
8than a purpose authorized by this section or by department
9regulations commits a felony of the third degree.

10(d)  Civil violation.--The procedure for determining a civil
11violation of this subsection shall be in accordance with
12department regulations. Civil penalties assessed under this
13subsection shall be deposited in the General Fund, appropriated
14to the department and dedicated to the controlled substance PAMS
15operations.

16(e)  Failure to submit.--The failure of a dispenser or
17dispensing veterinarian to submit information to PAMS as
18required under this section, after the department has submitted
19a specific written request for the information or when the
20department determines the individual has a demonstrable pattern
21of knowing that failure to submit the information as required,
22is grounds for the appropriate licensing board to take the
23following action in accordance with the appropriate licensing
24act.

25(1)  Prohibit an Internet pharmacy from conducting
26business in this Commonwealth.

27(2)  Refuse to issue a license to the individual.

28(3)  Refuse to renew the individual's license.

29(4)  Revoke, suspend, restrict or place on probation the
30license.

1(5)  Issue a public or private reprimand to the
2individual.

3(6)  Issue a cease and desist order.

4(7)  Impose a civil penalty of not more than $1,000 for
5each failure to submit information required by this act.

6§ 2710.  Education and treatment.

7(a)  General rule.--With the input and advice of the advisory
8committee, the department shall:

9(1)  assist the appropriate agency, board or association
10for each category of authorized user in this act to
11incorporate the appropriate information regarding PAMS into
12the training, education or instruction provided to each
13category of authorized user;

14(2)  assist the State or regional chapter of the American
15Society of Addiction Medicine, the Pennsylvania Medical
16Society, the Pennsylvania Veterinary Medical Association, the
17Pennsylvania Academy of Family Physicians and the
18Pennsylvania Coalition of Nurse Practitioners to develop a
19continuing education course for health care professionals on
20prescribing practices, pharmacology and identification,
21referral and treatment of patients addicted to or abusing
22controlled substances monitored by PAMS; and

23(3)  implement, or assist other appropriate agencies to
24implement, an educational program to inform the public about
25the use, diversion and abuse of, addiction to and treatment
26for the addiction to the controlled substances monitored by
27PAMS, including the nature and scope of PAMS.

28(b)  Referral.--With the input and advice of the advisory
29committee, the department shall refer prescribers, dispensing
30veterinarians and dispensers it has reason to believe may be

1impaired to the appropriate professional licensing or
2certification agency, and to the appropriate impaired
3professionals associations, to provide intervention, assessment
4and referral to alcohol and other drug addiction treatment
5programs, and ongoing monitoring and follow-up.

6(c)  Identification.--With the input and advice of the
7advisory committee, the department shall work with the patient's
8individual practitioner and the appropriate alcohol and other
9drug addiction treatment professionals to provide that patients
10identified through PAMS as potentially addicted to a controlled
11substance are assessed and referred to alcohol and other drug
12addiction treatment programs.

13§ 2711.  Immunity.

14An individual who has submitted to or received information
15from PAMS in accordance with section 2706 (relating to
16establishment of Pharmaceutical Accountability Monitoring
17System) may not be held civilly liable or disciplined in a
18licensing board action for having submitted the information or
19for not seeking or obtaining information from the prescription
20monitoring program prior to prescribing or dispensing a
21controlled substance to an ultimate user.

22§ 2712.  Additional provisions.

23(a)  Funding.--A practitioner or a pharmacist shall not be
24required to pay a fee or tax specifically dedicated to
25establishment, operation or maintenance of the system.

26(b)  Costs.--All costs associated with recording and
27submitting data as required in this section shall be assumed by
28the submitting dispenser.

29(c)  Use of data.--Except as provided in subsection (d), data
30provided to, maintained in or accessed from PAMS that may be

1identified to, or with, a particular person is not subject to
2discovery, subpoena or similar compulsory process in any civil,
3judicial, administrative or legislative proceeding, nor shall
4any individual or organization with lawful access to the data be
5compelled to testify with regard to the data.

6(d)  Exceptions.--The restrictions in subsection (c) do not
7apply to:

8(1)  A criminal proceeding.

9(2)  A civil, judicial or administrative action brought
10to enforce the provisions of this section.

11§ 2713.  Use of money collected.

12(a)  General rule.--The department may use the moneys
13deposited in the General Fund and appropriated to the department
14for the following purposes:

15(1)  Maintenance and replacement of PAMS equipment,
16including hardware and software.

17(2)  Training of staff.

18(3)  Pursuit of grants and matching funds.

19(b)  Collections.--The department may collect any penalty
20imposed under section 2709 (relating to unlawful acts and
21penalties) and which is not paid by bringing an action in the
22court of common pleas of the county in which the person owing
23the debt resides or in the county where the department is
24located.

25(c)  Legal assistance.--The department may seek legal
26assistance from the Attorney General or the county or district
27attorney of the county in which the action is brought to collect
28the fine.

29(d)  Attorney fees and costs.--The court shall award
30reasonable attorney fees and costs to the department for

1successful collection actions under section 2709.

2§ 2714.  Rules and regulations.

3The department shall promulgate rules and regulations setting
4forth the procedures and methods for implementing this chapter.
5At a minimum, the rules and regulations shall include the
6following:

7(1)  Effectively enforce the limitations on access to
8PAMS prescribed in section 2708 (relating to access to
9prescription information).

10(2)  Establish standards and procedures to ensure
11accurate identification of individuals requesting information
12or receiving information from PAMS.

13(3)  Allow adequate time following implementation of this
14chapter for dispensers, dispensing veterinarians and
15practitioners to make the changes to their operational
16systems necessary to comply with this chapter.

17(4)  Allow for dispensers and dispensing veterinarians to
18have ease of transition to comply with the requirements of
19the Pharmaceutical Accountability Monitoring System.

20(5)  Not place an undue burden on law enforcement seeking
21information related to an investigation.

22(6)  Dispensers, dispensing veterinarians and
23practitioners licensed to practice in this Commonwealth shall
24not be held liable for failure to comply with PAMS
25requirements until all changes are fully operational and
26dispensers, dispensing veterinarians and practitioners have
27had adequate time to make necessary adjustments to operating
28systems and to receive training to fully accommodate such
29changes upon promulgation of the regulations, but not later
30than one year after the effective date of this chapter.

1(7)  Dispensers and dispensing veterinarians who can show
2good cause for not submitting data electronically may be
3authorized to submit data manually if they lack Internet
4access.

5§ 2715.  Evaluation, data analysis and reporting.

6(a)  General rule.--The department shall design and implement
7an evaluation component to identify:

8(1)  cost benefits of PAMS;

9(2)  the impact on efforts to reduce misuse, abuse,
10overdose and diversion of, or addiction to, controlled
11substances;

12(3)  the impact on prescribing practices for controlled
13substances;

14(4)  the number of ultimate users identified through PAMS
15as potentially addicted to a controlled substance that were
16assessed for alcohol and other drug addictions;

17(5)  the number of ultimate users in paragraph (4) that
18received alcohol and other drug addiction treatment and the
19names of the licensed alcohol and other drug addiction
20treatment facilities in which the ultimate users were
21treated;

22(6)  the progress made in implementing real-time
23reporting; and

24(7)  other information relevant to policy, research and
25education involving controlled substances and drugs of
26concern monitored by PAMS.

27(b)  Annual report.--The department shall annually report the
28information specified in subsection (a) to the Public Health and
29Welfare Committee of the Senate, the Human Services Committee of
30the House of Representatives, the United States Department of

1Justice, the Substance Abuse and Mental Health Services
2Administration of the Office of National Drug Control Policy and
3members of Pennsylvania's United States Congressional
4delegation. Additionally, the department shall make the annual
5report available to the public on its publicly accessible
6Internet website.

7§ 2716.  Concurrent jurisdiction.

8The Attorney General shall have concurrent prosecutorial
9jurisdiction with the county district attorney for violations of
10this chapter. No person charged with a violation of this chapter
11by the Attorney General shall have standing to challenge the
12authority of the Attorney General to prosecute the case and, if
13any such challenge is made, the challenge shall be dismissed and
14no relief shall be available in the courts of this Commonwealth
15to the person making the challenge.

16Section 2.  The provisions of this act are severable. If any
17provision of this act or its application to any person or
18circumstance is held invalid, the invalidity shall not affect
19other provisions or applications of this act which can be given
20effect without the invalid provision or application.

21Section 3.  This act shall take effect in 60 days.