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

1System.

22707. Requirements for Pharmaceutical Accountability Monitoring
3System.

42708. Access to prescription information.

52709. Unlawful acts and penalties.

62710. Education and treatment.

72711. Immunity.

82712. Additional provisions.

92713. Use of money collected.

102714. Rules and regulations.

112715. Evaluation, data analysis and reporting.

122716. Concurrent jurisdiction.

13§ 2701. Short title of chapter.

14This chapter shall be known and may be cited as the
15Pharmaceutical Accountability Monitoring System Act.

16§ 2702. Purpose.

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

1intended to help detect, refer to law enforcement and regulatory
2agencies and deter prescription drug fraud and diversion.

3§ 2703. Scope of chapter.

4This chapter is intended to improve the Commonwealth's
5ability to enable informed and responsible prescribing and
6dispensing of controlled substances and to reduce diversion and
7misuse of such drugs in an efficient and cost-effective manner
8that will not impede the appropriate medical utilization of
9licit controlled substances.

10§ 2704. Definitions.

11The following words and phrases when used in this chapter
12shall have the meanings given to them in this section unless the
13context clearly indicates otherwise:

14"Active investigation." An investigation that is being
15conducted with a reasonable good faith belief that it could lead
16to the filing of administrative, civil or criminal proceedings,
17or that is ongoing and continuing and for which there is a
18reasonable good faith anticipation of securing an arrest or
19prosecution in the foreseeable future.

20"Alcohol and other drug addiction treatment program." Any
21facility or treatment program that is licensed by the
22Commonwealth to provide alcohol and other drug addiction
23treatment on a hospital, nonhospital residential or outpatient
24basis.

<-25"ASAP." The American Society for Automation in Pharmacy.

26"Controlled substance." A drug, substance or immediate
27precursor included in Schedule II, III, IV or V of the act of
28April 14, 1972 (P.L.233, No.64), known as The Controlled
29Substance, Drug, Device and Cosmetic Act, or the Controlled
30Substances Act (Public Law 91-513, 84 Stat. 1236).

1"Database." The Pharmaceutical Accountability Monitoring
2System established in section 2706 (relating to establishment of
3Pharmaceutical Accountability Monitoring System).

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

5"Dispense." To deliver a controlled substance, other drug or
6device to an ultimate user by or pursuant to the lawful order of
7a practitioner.

8"Dispenser." A practitioner who dispenses in this
9Commonwealth, including mail order and Internet sales of
10pharmaceuticals. The term does not include any of the following:

11(1) A licensed health care facility or long-term care
12pharmacy that distributes such substances for the purpose of
13inpatient hospital, long-term care facility administration or
14licensed life provider.

15(2) A practitioner or other authorized person who
16administers such a substance.

17(3) A wholesale distributor of a controlled substance.

18(4) A hospice care provider.

19(5) A medical practitioner at a health care facility
20licensed by this Commonwealth if the quantity of controlled
21substances dispensed is limited to an amount adequate to
22treat the patient for a maximum of 24 hours with not more
23than two 24-hour cycles within any 15-day period.

24"Dispensing veterinarian." A veterinarian who dispenses in
25this Commonwealth.

26"Internet pharmacy." A person, entity or Internet site,
27whether in the United States or abroad, that knowingly or
28intentionally delivers, distributes or dispenses, or offers or
29attempts to deliver, distribute or dispense, a controlled
30substance by means of the Internet, including a pharmacy.

1"Licensed health care facility." A health care facility that
2is licensed under Article X of the act of June 13, 1967 (P.L.
331, No.21), known as the Public Welfare Code, or the act of July
419, 1979 (P.L.130, No.48), known as the Health Care Facilities
5Act.

6"LIFE." The program of medical and supportive services known
7as Living Independently for Elders.

8"Mail-order pharmacy." A pharmacy that dispenses controlled
9substances using the United States Postal Service or any express
10delivery service.

<-11"NDC." The National Drug Code.

12"PAMS." The Pharmaceutical Accountability Monitoring System
13established in section 2706 (relating to establishment of
14Pharmaceutical Accountability Monitoring System).

15"Practitioner." The term shall mean:

16(1) a physician, dentist, pharmacist, podiatrist,
17physician assistant, certified registered nurse practitioner,
18dispensing veterinarian or other person licensed, registered
19or otherwise permitted to distribute, dispense or to
20administer a controlled substance, other drug or device in
21the course of professional practice or research in this
22Commonwealth; or

23(2) a pharmacy, hospital, clinic or other institution
24licensed, registered or otherwise permitted to distribute,
25dispense, conduct research with respect to or to administer a
26controlled substance, other drug or device in the course of
27professional practice or research in this Commonwealth.

28"Ultimate user." A person who lawfully possesses a
29controlled substance, other drug, device or cosmetic for his own
30use or for the use of a member of his household or for

1administering to an animal in his care.

2§ 2705. Advisory committee.

3(a) Establishment.--An advisory committee is established to
4provide input and advice to the department regarding the
5establishment and maintenance of PAMS, including, but not
6limited to:

7(1) Use of PAMS to improve patient care, to identify and
8address addiction and to facilitate the goal of reducing
9misuse, abuse, overdose, addiction to and diversion of
10controlled substances and drugs of concern.

11(2) Safeguards for the release of information to
12authorized users.

13(3) The confidentiality of prescription monitoring
14information and the integrity of the patient's relationship
15with the patient's health care provider.

16(4) Development of criteria for referring prescription
17monitoring information to a law enforcement or professional
18licensing agency.

19(5) Development of criteria for referring a prescriber,
20dispensing veterinarian or dispenser to a professional
21licensing agency or impaired professionals association.

22(6) The design and implementation of training, education
23or instruction.

24(7) The provision of assessment and referral to alcohol
25and other drug addiction treatment as part of any other
26requirements of this chapter.

27(8) Technical standards for electronic reporting of
28prescription monitoring information.

29(9) Technological improvements to facilitate the
30interoperability of PAMS with other State prescription drug

1monitoring programs and electronic health information systems
2and to facilitate prescribers' and dispensers' access to and
3use of PAMS.

4(10) Proper analysis and interpretation of prescription
5monitoring information.

6(11) Design and implementation of an evaluation
7component.

8(12) Recommended appointments to the advisory committee.

9(b) Confidentiality.--For the purpose of providing input and
10advice pursuant to subsection (a), no advisory committee member
11shall receive prescription monitoring information which
12identifies, or could reasonably be used to identify, the
13patient, prescriber, dispensing veterinarian, dispenser or other
14person who is the subject of the information.

15(c) Membership.--

16(1) The department shall establish an advisory committee
17comprised of the following:

18(i) A representative recommended by the Department
19of State representing the State Board of Medicine, the
20State Board of Nursing and the State Board of Veterinary
21Medicine.

22(ii) A representative recommended by the State Board
23of Pharmacy.

24(iii) A representative recommended by the Attorney
25General.

26(iv) Two physicians recommended by the Pennsylvania
27Medical Society, one of whom holds membership in the
28American Society of Addiction Medicine and the other who
29is a physician with expertise in chronic pain management
30and treatment.

1(v) A representative recommended by the Pennsylvania
2District Attorneys Association.

3(vi) A representative recommended by the
4Pennsylvania Coroners Association.

5(vii) A representative recommended by the Drug and
6Alcohol Service Providers Organization of Pennsylvania.

7(viii) A representative of chronic pain patients
8recommended by a physician with expertise in chronic pain
9management.

10(ix) A representative of veterinary medicine with
11dispensing practice recommended by the Pennsylvania
12Veterinary Medical Association.

13(2) The department may also appoint persons with
14recognized expertise, knowledge and experience in the
15establishment and maintenance of prescription monitoring
16programs, skills and expertise in alcohol and other drug
17addiction assessment and referral to addiction treatment or
18issues involving the misuse, abuse or diversion of, or the
19addiction to, controlled substances or drugs of concern.

20(d) Quorum.--Nine members of the advisory committee shall
21constitute a quorum for the transaction of all business. The
22members shall elect a chairman and such other officers as deemed
23necessary whose duties shall be established by the advisory
24committee. The department shall convene the advisory committee
25at least quarterly using telecommunication whenever possible.

26(e) Staff assistance.--The department shall provide the
27advisory committee with any staff services which may be
28necessary for the advisory committee to carry out its duties
29under this chapter.

30§ 2706. Establishment of Pharmaceutical Accountability

1Monitoring System.

2(a) General rule.--The department shall establish and
3administer the Pharmaceutical Accountability Monitoring System
4(PAMS) for monitoring all controlled substances that are
5dispensed within this Commonwealth by all practitioners,
6dispensing veterinarians or dispensers, including, but not
7limited to, a practitioner, dispensing veterinarian or dispenser
8that dispenses to a person or ships to an address within this
9Commonwealth.

10(b) Data compliance.--Data required by this section shall be
11submitted in compliance with this section to the department by
12the pharmacy or other dispensing entity.

13(c) Registration.--Each dispenser and practitioner
14dispensing or prescribing controlled substances shall register
15with and establish a user name and personal identification
16number that permits access to the secure website housing PAMS
17established by this chapter.

18§ 2707. Requirements for Pharmaceutical Accountability
19Monitoring System.

20(a) Submission.--The dispenser shall, regarding each
21controlled substance dispensed, submit by electronic means to
22the department the following information using methods of
23transmission protocols and in a format established by the
24department:

25(1) Full name of the prescribing practitioner.

26(2) Prescriber Drug Enforcement Agency (DEA)
27registration number.

28(3) Date the prescription was written.

29(4) Date the prescription was dispensed.

30(5) Full name, date of birth, gender and address of the

1person for whom the prescription was written and dispensed.

<-2(6) Name of the controlled substance.

3(7) Quantity of the controlled substance prescribed.

4(8) Strength of the controlled substance.

5(9) Quantity of the controlled substance dispensed.

<-6(6) The NDC.

<-7(10) (7) Dosage quantity and frequency prescribed.

<-8(11) (8) Name of the pharmacy or other entity dispensing
9the controlled substance.

<-10(12) (9) Dispensing entity's DEA registration number and
11NPI.

<-12(13) (10) Source of payment for the prescription.

<-13(14) (11) Other relevant information as established by
14department regulations.

15(b) Veterinary dispensers.--The dispensing veterinarian
16shall, regarding each controlled substance dispensed, submit by
17electronic mail to the department the following information:

18(1) Pet's name.

19(2) Owner's name.

20(3) Pet's or owner's address.

21(4) Practice's name.

22(5) Dispensing veterinarian's name.

23(6) DEA license number.

24(7) Date the prescription was written.

25(8) Date the prescription was dispensed.

26(9) Name of the controlled substance.

27(10) Quantity and strength of the medication.

28(11) Dosage and frequency of the medication.

29(c) Frequency.--

30(1) Each dispenser shall submit the information required

1by this chapter not later than seven days after the
2dispensing of a controlled substance monitored by PAMS. The
3department shall implement a real-time reporting requirement
4as expeditiously as possible.

5(2) Each dispensing veterinarian shall submit the
6information required by this chapter within six months of
7dispensing a controlled substance monitored by PAMS to the
8department.

9(d) Maintenance.--The department shall maintain PAMS in an
10electronic file or by other means established by the department
11to facilitate use of the database.

12(e) Recordkeeping.--The department shall maintain a record
13of PAMS queries for reference, including:

14(1) Identification of each person who requests or
15receives information from PAMS.

16(2) The information provided to each person.

17(3) The date and time the information is requested and
18provided.

19(f) Expungement.--The department shall remove from PAMS all
20identifying information more than six years old from the date of
21collection. Such information shall then be destroyed unless a
22law enforcement agency or a professional licensing or
23certification agency or board for prescribers or dispensers has
24submitted a written request to the department for retention of
25specific information. All requests shall comply with procedures
26adopted by the department.

27§ 2708. Access to prescription information.

28(a) General rule.--Except as set forth in subsection (c),
29prescription information submitted to the department and records
30of requests to query the data shall be confidential and not

1subject to disclosure under the act of February 14, 2008 (P.L.6,
2No.3), known as the Right-to-Know Law.

3(b) Privacy procedures.--The department shall maintain
4procedures to ensure that the privacy and confidentiality of
5patients and patient information collected, recorded,
6transmitted and maintained is not disclosed to persons except
7those enumerated in subsection (d).

8(c) Queries.--

<-9(1) The most current version of the ASAP prescription
10monitoring program web service standard shall be used.

<-11(1) (2) A practitioner may query the data for an
12existing patient.

<-13(2) (3) A practitioner may query the data for
14prescriptions written using his or her own DEA number.

<-15(3) (4) A Federal or State law enforcement official
16whose duties include enforcing laws relating to controlled
17substances and prescription drugs shall be provided access to
18the information from PAMS relating to the person who is the
19subject of an active investigation of a drug abuse offense,
20including, but not limited to, violations of the act of April
2114, 1972 (P.L.233, No.64), known as The Controlled Substance,
22Drug, Device and Cosmetic Act, insurance fraud, medicare
23fraud or medicaid fraud pursuant to an active investigation.

24(d) Limited availability.--The department shall make
25information in PAMS available only to the following persons and
26in accordance with department regulations:

27(1) Personnel of the department specifically assigned to
28conduct internal reviews related to controlled substances
29laws under the jurisdiction of the department.

30(2) Authorized department personnel engaged in analysis

1of controlled substance prescription information as a part of
2the assigned duties and responsibilities of their employment.

3(3) Qualified personnel for the purpose of bona fide
4research or education. Data elements that would reasonably
5identify a specific recipient, prescriber, dispensing
6veterinarian or dispenser shall be deleted or redacted from
7such information prior to disclosure. Release of the
8information shall only be made pursuant to a written
9agreement between such qualified personnel and the department
10in order to ensure compliance with this chapter.

11(4) A practitioner, dispensing veterinarian or a
12representative employed by the practitioner, designated by
13the practitioner pursuant to criteria established by the
14department, having authority to prescribe controlled
15substances, to the extent that the information relates to a
16current patient of the practitioner or dispensing
17veterinarian to whom the practitioner or dispensing
18veterinarian is prescribing or considering prescribing any
19controlled substance.

20(5) A pharmacist, or a designee employed by the
21pharmacist, designated by the pharmacist pursuant to criteria
22established by the department, having authority to dispense
23controlled substances to the extent the information relates
24specifically to a current patient to whom that pharmacist is
25dispensing or considering dispensing any controlled
26substance.

27(6) A designated representative from the Commonwealth or
28out-of-State agency or board responsible for licensing or
29certifying prescribers, dispensing veterinarians or
30dispensers who is involved in a bona fide investigation of a

1prescriber, dispensing veterinarian or dispenser whose
2professional practice was or is regulated by that agency or
3board.

4(7) A medical examiner or county coroner for the purpose
5of investigating the death of an individual.

6(8) A designated prescription monitoring official of a
7state with which this Commonwealth has an interoperability
8agreement may access prescription monitoring information in
9accordance with the provisions of this chapter and procedures
10adopted by the department.

11(9) An individual who is the recipient of a controlled
12substance prescription entered into PAMS upon providing
13evidence satisfactory to the PAMS manager that the individual
14requesting the information is in fact the person about whom
15the data entry was made.

16(10) The Office of Attorney General of Pennsylvania or
17the equivalent law enforcement officer of another state may
18access information from the PAMS for an active investigation
19of a criminal violation of law governing controlled
20substances.

21(11) Authorized personnel of the Department of Public
22Welfare engaged in the administration of the medical
23assistance program.

24(e) Dispenser access.--No person shall knowingly hinder a
25pharmacist, dispensing veterinarian or practitioner who
26dispenses who is eligible to receive information from PAMS from
27requesting and receiving such information in a timely fashion.

28§ 2709. Unlawful acts and penalties.

29(a) Knowing and intentional release or use.--A person may
30not knowingly and intentionally use, release, publish or

1otherwise make available any information obtained from PAMS for
2any purpose other than those specified in section 2708(c)
3(relating to access to prescription information). A person who
4does knowingly and intentionally release or use information from
5PAMS that is not authorized in section 2708(c) commits a felony
6of the third degree and is subject to a civil penalty of not
7less than $5,000, or shall be sentenced to imprisonment of not
8more than 90 days, or both, for each offense.

9(b) Misrepresentation or fraud.--Any person who obtains or
10attempts to obtain information from PAMS by misrepresentation or
11fraud commits a felony of the third degree.

12(c) Unauthorized purpose.--Any person who obtains or
13attempts to obtain information from PAMS for a purpose other
14than a purpose authorized by this section or by department
15regulations commits a felony of the third degree.

16(d) Civil violation.--The procedure for determining a civil
17violation of this subsection shall be in accordance with
18department regulations. Civil penalties assessed under this
19subsection shall be deposited in the General Fund, appropriated
20to the department and dedicated to the controlled substance PAMS
21operations.

22(e) Failure to submit.--The failure of a dispenser or
23dispensing veterinarian to submit information to PAMS as
24required under this section, after the department has submitted
25a specific written request for the information or when the
26department determines the individual has a demonstrable pattern
27of knowing that failure to submit the information as required,
28is grounds for the appropriate licensing board to take the
29following action in accordance with the appropriate licensing
30act.

1(1) Prohibit an Internet pharmacy from conducting
2business in this Commonwealth.

3(2) Refuse to issue a license to the individual.

4(3) Refuse to renew the individual's license.

5(4) Revoke, suspend, restrict or place on probation the
6license.

7(5) Issue a public or private reprimand to the
8individual.

9(6) Issue a cease and desist order.

10(7) Impose a civil penalty of not more than $1,000 for
11each failure to submit information required by this act.

12§ 2710. Education and treatment.

13(a) General rule.--With the input and advice of the advisory
14committee, the department shall:

15(1) assist the appropriate agency, board or association
16for each category of authorized user in this act to
17incorporate the appropriate information regarding PAMS into
18the training, education or instruction provided to each
19category of authorized user;

20(2) assist the State or regional chapter of the American
21Society of Addiction Medicine, the Pennsylvania Medical
22Society, the Pennsylvania Veterinary Medical Association, the
23Pennsylvania Academy of Family Physicians and the
24Pennsylvania Coalition of Nurse Practitioners to develop a
25continuing education course for health care professionals on
26prescribing practices, pharmacology and identification,
27referral and treatment of patients addicted to or abusing
28controlled substances monitored by PAMS; and

29(3) implement, or assist other appropriate agencies to
30implement, an educational program to inform the public about

1the use, diversion and abuse of, addiction to and treatment
2for the addiction to the controlled substances monitored by
3PAMS, including the nature and scope of PAMS.

4(b) Referral.--With the input and advice of the advisory
5committee, the department shall refer prescribers, dispensing
6veterinarians and dispensers it has reason to believe may be
7impaired to the appropriate professional licensing or
8certification agency, and to the appropriate impaired
9professionals associations, to provide intervention, assessment
10and referral to alcohol and other drug addiction treatment
11programs, and ongoing monitoring and follow-up.

12(c) Identification.--With the input and advice of the
13advisory committee, the department shall work with the patient's
14individual practitioner and the appropriate alcohol and other
15drug addiction treatment professionals to provide that patients
16identified through PAMS as potentially addicted to a controlled
17substance are assessed and referred to alcohol and other drug
18addiction treatment programs.

19§ 2711. Immunity.

20An individual who has submitted to or received information
21from PAMS in accordance with section 2706 (relating to
22establishment of Pharmaceutical Accountability Monitoring
23System) may not be held civilly liable or disciplined in a
24licensing board action for having submitted the information or
25for not seeking or obtaining information from the prescription
26monitoring program prior to prescribing or dispensing a
27controlled substance to an ultimate user.

28§ 2712. Additional provisions.

29(a) Funding.--A practitioner or a pharmacist shall not be
30required to pay a fee or tax specifically dedicated to

1establishment, operation or maintenance of the system.

2(b) Costs.--All costs associated with recording and
3submitting data as required in this section shall be assumed by
4the submitting dispenser.

5(c) Use of data.--Except as provided in subsection (d), data
6provided to, maintained in or accessed from PAMS that may be
7identified to, or with, a particular person is not subject to
8discovery, subpoena or similar compulsory process in any civil,
9judicial, administrative or legislative proceeding, nor shall
10any individual or organization with lawful access to the data be
11compelled to testify with regard to the data.

12(d) Exceptions.--The restrictions in subsection (c) do not
13apply to:

14(1) A criminal proceeding.

15(2) A civil, judicial or administrative action brought
16to enforce the provisions of this section.

17§ 2713. Use of money collected.

18(a) General rule.--The department may use the moneys
19deposited in the General Fund and appropriated to the department
20for the following purposes:

21(1) Maintenance and replacement of PAMS equipment,
22including hardware and software.

23(2) Training of staff.

24(3) Pursuit of grants and matching funds.

25(b) Collections.--The department may collect any penalty
26imposed under section 2709 (relating to unlawful acts and
27penalties) and which is not paid by bringing an action in the
28court of common pleas of the county in which the person owing
29the debt resides or in the county where the department is
30located.

1(c) Legal assistance.--The department may seek legal
2assistance from the Attorney General or the county or district
3attorney of the county in which the action is brought to collect
4the fine.

5(d) Attorney fees and costs.--The court shall award
6reasonable attorney fees and costs to the department for
7successful collection actions under section 2709.

8§ 2714. Rules and regulations.

9The department shall promulgate rules and regulations setting
10forth the procedures and methods for implementing this chapter.
11At a minimum, the rules and regulations shall include the
12following:

13(1) Effectively enforce the limitations on access to
14PAMS prescribed in section 2708 (relating to access to
15prescription information).

16(2) Establish standards and procedures to ensure
17accurate identification of individuals requesting information
18or receiving information from PAMS.

19(3) Allow adequate time following implementation of this
20chapter for dispensers, dispensing veterinarians and
21practitioners to make the changes to their operational
22systems necessary to comply with this chapter.

23(4) Allow for dispensers and dispensing veterinarians to
24have ease of transition to comply with the requirements of
25the Pharmaceutical Accountability Monitoring System.

26(5) Not place an undue burden on law enforcement seeking
27information related to an investigation.

28(6) Dispensers, dispensing veterinarians and
29practitioners licensed to practice in this Commonwealth shall
30not be held liable for failure to comply with PAMS

1requirements until all changes are fully operational and
2dispensers, dispensing veterinarians and practitioners have
3had adequate time to make necessary adjustments to operating
4systems and to receive training to fully accommodate such
5changes upon promulgation of the regulations, but not later
6than one year after the effective date of this chapter.

7(7) Dispensers and dispensing veterinarians who can show
8good cause for not submitting data electronically may be
9authorized to submit data manually if they lack Internet
10access.

11§ 2715. Evaluation, data analysis and reporting.

12(a) General rule.--The department shall design and implement
13an evaluation component to identify:

14(1) cost benefits of PAMS;

15(2) the impact on efforts to reduce misuse, abuse,
16overdose and diversion of, or addiction to, controlled
17substances;

18(3) the impact on prescribing practices for controlled
19substances;

20(4) the number of ultimate users identified through PAMS
21as potentially addicted to a controlled substance that were
22assessed for alcohol and other drug addictions;

23(5) the number of ultimate users in paragraph (4) that
24received alcohol and other drug addiction treatment and the
25names of the licensed alcohol and other drug addiction
26treatment facilities in which the ultimate users were
27treated;

28(6) the progress made in implementing real-time
29reporting; and

30(7) other information relevant to policy, research and

1education involving controlled substances and drugs of
2concern monitored by PAMS.

3(b) Annual report.--The department shall annually report the
4information specified in subsection (a) to the Public Health and
5Welfare Committee of the Senate, the Human Services Committee of
6the House of Representatives, the United States Department of
7Justice, the Substance Abuse and Mental Health Services
8Administration of the Office of National Drug Control Policy and
9members of Pennsylvania's United States Congressional
10delegation. Additionally, the department shall make the annual
11report available to the public on its publicly accessible
12Internet website.

13§ 2716. Concurrent jurisdiction.

14The Attorney General shall have concurrent prosecutorial
15jurisdiction with the county district attorney for violations of
16this chapter. No person charged with a violation of this chapter
17by the Attorney General shall have standing to challenge the
18authority of the Attorney General to prosecute the case and, if
19any such challenge is made, the challenge shall be dismissed and
20no relief shall be available in the courts of this Commonwealth
21to the person making the challenge.

22Section 2. The provisions of this act are severable. If any
23provision of this act or its application to any person or
24circumstance is held invalid, the invalidity shall not affect
25other provisions or applications of this act which can be given
26effect without the invalid provision or application.

27Section 3. This act shall take effect in 60 days.