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.

182707. Requirements for Pharmaceutical Accountability Monitoring

1System.

22708. Access to prescription information.

32709. Unlawful acts and penalties.

42710. Education and treatment.

52711. Immunity.

62712. Additional provisions.

72713. Use of money collected.

82714. Rules and regulations.

92715. Evaluation, data analysis and reporting.

102716. Concurrent jurisdiction.

11§ 2701. Short title of chapter.

12This chapter shall be known and may be cited as the
13Pharmaceutical Accountability Monitoring System Act.

14§ 2702. Purpose.

15The purpose of this chapter is to reduce the abuse of
16controlled substances and fraud by providing a tool that will
17ensure that practitioners making prescribing decisions have
18complete and reliable information about what, if any, other
19prescription drugs have recently been prescribed to their
20patients. It is the purpose of this act to provide reporting
21mechanisms, with full confidentiality protections, in which
22dispensers report prescription information to a central
23repository, in order to identify ultimate user and practitioner
24behaviors that give rise to a reasonable suspicion that
25prescription drugs are being inappropriately obtained or
26prescribed, so that appropriate ameliorative and corrective
27action, including treatment for individuals suffering from drug
28and alcohol addiction, may be taken. This chapter is further
29intended to help detect, refer to law enforcement and regulatory
30agencies and deter prescription drug fraud and diversion.

1§ 2703. Scope of chapter.

2This chapter is intended to improve the Commonwealth's
3ability to enable informed and responsible prescribing and
4dispensing of controlled substances and to reduce diversion and
5misuse of such drugs in an efficient and cost-effective manner
6that will not impede the appropriate medical utilization of
7licit controlled substances.

8§ 2704. Definitions.

9The following words and phrases when used in this chapter
10shall have the meanings given to them in this section unless the
11context clearly indicates otherwise:

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

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

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

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

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

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

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

8(1) A licensed health care facility or long-term care
9pharmacy that distributes such substances for the purpose of
10inpatient hospital, long-term care facility administration or
11licensed life provider.

12(2) A practitioner or other authorized person who
13administers such a substance.

14(3) A wholesale distributor of a controlled substance.

15(4) A hospice care provider.

16(5) A medical practitioner at a health care facility
17licensed by this Commonwealth if the quantity of controlled
18substances dispensed is limited to an amount adequate to
19treat the patient for a maximum of 24 hours with not more
20than two 24-hour cycles within any 15-day period.

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

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

28"Licensed health care facility." A health care facility that
29is licensed under Article X of the act of June 13, 1967 (P.L.
3031, No.21), known as the Public Welfare Code, or the act of July

119, 1979 (P.L.130, No.48), known as the Health Care Facilities
2Act.

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

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

8"New patient." A person who receives medical, surgical or
9pharmaceutical attention, care or treatment from a practitioner
10for the first time or a patient who has not been seen in over
11three years.

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
18or other person licensed, registered or otherwise permitted
19to distribute, dispense or to administer a controlled
20substance, other drug or device in the course of professional
21practice or research in this Commonwealth; or

22(2) a pharmacy, hospital, clinic or other institution
23licensed, registered or otherwise permitted to distribute,
24dispense, conduct research with respect to or to administer a
25controlled substance, other drug or device in the course of
26professional practice or research in this Commonwealth.

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

1§ 2705. Advisory committee.

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

6(1) Use of PAMS to improve patient care, to identify and
7address addiction and to facilitate the goal of reducing
8misuse, abuse, overdose, addiction to and diversion of
9controlled substances and drugs of concern.

10(2) Safeguards for the release of information to
11authorized users.

12(3) The confidentiality of prescription monitoring
13information and the integrity of the patient's relationship
14with the patient's health care provider.

15(4) Development of criteria for referring prescription
16monitoring information to a law enforcement or professional
17licensing agency.

18(5) Development of criteria for referring a prescriber,
19dispensing veterinarian or dispenser to a professional
20licensing agency or impaired professionals association.

21(6) The design and implementation of training, education
22or instruction.

23(7) The provision of assessment and referral to alcohol
24and other drug addiction treatment as part of any other
25requirements of this chapter.

26(8) Technical standards for electronic reporting of
27prescription monitoring information.

28(9) Technological improvements to facilitate the
29interoperability of PAMS with other State prescription drug
30monitoring programs and electronic health information systems

1and to facilitate prescribers' and dispensers' access to and
2use of PAMS.

3(10) Proper analysis and interpretation of prescription
4monitoring information.

5(11) Design and implementation of an evaluation
6component.

7(12) Recommended appointments to the advisory committee.

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

14(c) Membership.--

15(1) The department shall establish an advisory committee
16comprised of the following:

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

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

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

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

30(v) A representative recommended by the Pennsylvania

1District Attorneys Association.

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

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

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

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

12(2) The department may also appoint persons with
13recognized expertise, knowledge and experience in the
14establishment and maintenance of prescription monitoring
15programs, skills and expertise in alcohol and other drug
16addiction assessment and referral to addiction treatment or
17issues involving the misuse, abuse or diversion of, or the
18addiction to, controlled substances or drugs of concern.

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

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

29§ 2706. Establishment of Pharmaceutical Accountability
30Monitoring System.

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

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

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

17§ 2707. Requirements for Pharmaceutical Accountability
18Monitoring System.

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

24(1) Full name of the prescribing practitioner.

25(2) Prescriber Drug Enforcement Agency (DEA)
26registration number.

27(3) Date the prescription was written.

28(4) Date the prescription was dispensed.

29(5) Full name, date of birth, gender and address of the
30person for whom the prescription was written and dispensed.

1(6) Name of the controlled substance.

2(7) Quantity of the controlled substance prescribed.

3(8) Strength of the controlled substance.

4(9) Quantity of the controlled substance dispensed.

5(10) Dosage quantity and frequency prescribed.

6(11) Name of the pharmacy or other entity dispensing the
7controlled substance.

8(12) Dispensing entity's DEA registration number and
9NPI.

10(13) Source of payment for the prescription.

11(14) Other relevant information as established by
12department regulations.

13(b) Veterinary dispensers.--The dispensing veterinarian
14shall, regarding each controlled substance dispensed, submit by
15electronic mail to the department the following information:

16(1) Pet's name.

17(2) Owner's name.

18(3) Pet's or owner's address.

19(4) Practice's name.

20(5) Dispensing veterinarian's name.

21(6) DEA license number.

22(7) Date the prescription was written.

23(8) Date the prescription was dispensed.

24(9) Name of the controlled substance.

25(10) Quantity and strength of the medication.

26(11) Dosage and frequency of the medication.

27(c) Frequency.--

28(1) Each dispenser shall submit the information required
29by this chapter as frequently as specified by the department,
30but not later than seven days after the dispensing of a

1controlled substance monitored by PAMS. The department shall
2implement a real-time reporting requirement as expeditiously
3as possible.

4(2) Each dispensing veterinarian shall submit the
5information required by this chapter within six months of
6dispensing a controlled substance monitored by PAMS to the
7department.

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

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

13(1) Identification of each person who requests or
14receives information from PAMS.

15(2) The information provided to each person.

16(3) The date and time the information is requested and
17provided.

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

26§ 2708. Access to prescription information.

27(a) General rule.--Except as set forth in subsection (c),
28prescription information submitted to the department and records
29of requests to query the data shall be confidential and not
30subject to disclosure under the act of February 14, 2008 (P.L.6,

1No.3), known as the Right-to-Know Law.

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

7(c) Queries.--

8(1) A practitioner or dispensing veterinarian shall
9query the data for all new patients.

10(2) A practitioner may query the data for an existing
11patient.

12(3) A practitioner may query the data for prescriptions
13written using his or her own DEA number.

14(4) A Federal or State law enforcement official whose
15duties include enforcing laws relating to controlled
16substances and prescription drugs shall be provided access to
17the information from PAMS relating to the person who is the
18subject of an active investigation of a drug abuse offense,
19including, but not limited to, violations of the act of April
2014, 1972 (P.L.233, No.64), known as The Controlled Substance,
21Drug, Device and Cosmetic Act, insurance fraud, medicare
22fraud or medicaid fraud pursuant to an active investigation.

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

26(1) Personnel of the department specifically assigned to
27conduct internal reviews related to controlled substances
28laws under the jurisdiction of the department.

29(2) Authorized department personnel engaged in analysis
30of controlled substance prescription information as a part of

1the assigned duties and responsibilities of their employment.

2(3) Qualified personnel for the purpose of bona fide
3research or education. Data elements that would reasonably
4identify a specific recipient, prescriber, dispensing
5veterinarian or dispenser shall be deleted or redacted from
6such information prior to disclosure. Release of the
7information shall only be made pursuant to a written
8agreement between such qualified personnel and the department
9in order to ensure compliance with this chapter.

10(4) A practitioner, dispensing veterinarian or a
11representative employed by the practitioner, designated by
12the practitioner pursuant to criteria established by the
13department, having authority to prescribe controlled
14substances, to the extent that the information relates to a
15current patient of the practitioner or dispensing
16veterinarian to whom the practitioner or dispensing
17veterinarian is prescribing or considering prescribing any
18controlled substance.

19(5) A pharmacist, or a designee employed by the
20pharmacist, designated by the pharmacist pursuant to criteria
21established by the department, having authority to dispense
22controlled substances to the extent the information relates
23specifically to a current patient to whom that pharmacist is
24dispensing or considering dispensing any controlled
25substance.

26(6) A designated representative from the Commonwealth or
27out-of-State agency or board responsible for licensing or
28certifying prescribers, dispensing veterinarians or
29dispensers who is involved in a bona fide investigation of a
30prescriber, dispensing veterinarian or dispenser whose

1professional practice was or is regulated by that agency or
2board.

3(7) A medical examiner or county coroner for the purpose
4of investigating the death of an individual.

5(8) A designated prescription monitoring official of a
6state with which this Commonwealth has an interoperability
7agreement may access prescription monitoring information in
8accordance with the provisions of this chapter and procedures
9adopted by the department.

10(9) An individual who is the recipient of a controlled
11substance prescription entered into PAMS upon providing
12evidence satisfactory to the PAMS manager that the individual
13requesting the information is in fact the person about whom
14the data entry was made.

15(10) The Office of Attorney General of Pennsylvania or
16the equivalent law enforcement officer of another state may
17access information from the PAMS for an active investigation
18of a criminal violation of law governing controlled
19substances.

20(11) Authorized personnel of the Department of Public
21Welfare engaged in the administration of the medical
22assistance program.

23(12) Authorized personnel of the Department of Public
24Welfare engaged in the administration of pharmacy services in
25the medical assistance program. The Office of Medical
26Assistance Program shall use any data or reports from the
27PAMS for the purpose of identifying medical assistance
28providers or recipients whose prescribing, dispensing or
29utilization of controlled substances may be indicative of
30inappropriate or illegal practices, or appropriately managed

1by a single outpatient pharmacy or primary care provider.

2(e) Dispenser access.--No person shall knowingly hinder a
3pharmacist, dispensing veterinarian or practitioner who
4dispenses who is eligible to receive information from PAMS from
5requesting and receiving such information in a timely fashion.

6§ 2709. Unlawful acts and penalties.

7(a) Knowing and intentional release or use.--A person may
8not knowingly and intentionally use, release, publish or
9otherwise make available any information obtained from PAMS for
10any purpose other than those specified in section 2708(c)
11(relating to access to prescription information). A person who
12does knowingly and intentionally release or use information from
13PAMS that is not authorized in section 2708(c) commits a felony
14of the third degree and is subject to a civil penalty of not
15less than $5,000, or shall be sentenced to imprisonment of not
16more than 90 days, or both, for each offense.

17(b) Misrepresentation or fraud.--Any person who obtains or
18attempts to obtain information from PAMS by misrepresentation or
19fraud commits a felony of the third degree.

20(c) Unauthorized purpose.--Any person who obtains or
21attempts to obtain information from PAMS for a purpose other
22than a purpose authorized by this section or by department
23regulations commits a felony of the third degree.

24(d) Civil violation.--The procedure for determining a civil
25violation of this subsection shall be in accordance with
26department regulations. Civil penalties assessed under this
27subsection shall be deposited in the General Fund, appropriated
28to the department and dedicated to the controlled substance PAMS
29operations.

30(e) Failure to submit.--The failure of a dispenser or

1dispensing veterinarian to submit information to PAMS as
2required under this section, after the department has submitted
3a specific written request for the information or when the
4department determines the individual has a demonstrable pattern
5of knowing that failure to submit the information as required,
6is grounds for the appropriate licensing board to take the
7following action in accordance with the appropriate licensing
8act.

9(1) Prohibit an Internet pharmacy from conducting
10business in this Commonwealth.

11(2) Refuse to issue a license to the individual.

12(3) Refuse to renew the individual's license.

13(4) Revoke, suspend, restrict or place on probation the
14license.

15(5) Issue a public or private reprimand to the
16individual.

17(6) Issue a cease and desist order.

18(7) Impose a civil penalty of not more than $1,000 for
19each failure to submit information required by this act.

20§ 2710. Education and treatment.

21(a) General rule.--With the input and advice of the advisory
22committee, the department shall:

23(1) assist the appropriate agency, board or association
24for each category of authorized user in this act to
25incorporate the appropriate information regarding PAMS into
26the training, education or instruction provided to each
27category of authorized user;

28(2) assist the State or regional chapter of the American
29Society of Addiction Medicine, the Pennsylvania Medical
30Society, the Pennsylvania Veterinary Medical Association, the

1Pennsylvania Academy of Family Physicians and the
2Pennsylvania Coalition of Nurse Practitioners to develop a
3continuing education course for health care professionals on
4prescribing practices, pharmacology and identification,
5referral and treatment of patients addicted to or abusing
6controlled substances monitored by PAMS; and

7(3) implement, or assist other appropriate agencies to
8implement, an educational program to inform the public about
9the use, diversion and abuse of, addiction to and treatment
10for the addiction to the controlled substances monitored by
11PAMS, including the nature and scope of PAMS.

12(b) Referral.--With the input and advice of the advisory
13committee, the department shall refer prescribers, dispensing
14veterinarians and dispensers it has reason to believe may be
15impaired to the appropriate professional licensing or
16certification agency, and to the appropriate impaired
17professionals associations, to provide intervention, assessment
18and referral to alcohol and other drug addiction treatment
19programs, and ongoing monitoring and follow-up.

20(c) Identification.--With the input and advice of the
21advisory committee, the department shall work with the patient's
22individual practitioner and the appropriate alcohol and other
23drug addiction treatment professionals to provide that patients
24identified through PAMS as potentially addicted to a controlled
25substance are assessed and referred to alcohol and other drug
26addiction treatment programs.

27§ 2711. Immunity.

28An individual who has submitted to or received information
29from PAMS in accordance with section 2706 (relating to
30establishment of Pharmaceutical Accountability Monitoring

1System) may not be held civilly liable or disciplined in a
2licensing board action for having submitted the information or
3for seeking or obtaining information from the prescription
4monitoring program prior to prescribing or dispensing a
5controlled substance to an ultimate user.

6§ 2712. Additional provisions.

7(a) Funding.--A practitioner or a pharmacist shall not be
8required to pay a fee or tax specifically dedicated to
9establishment, operation or maintenance of the system.

10(b) Costs.--All costs associated with recording and
11submitting data as required in this section shall be assumed by
12the submitting dispenser.

13(c) Use of data.--Except as provided in subsection (d), data
14provided to, maintained in or accessed from PAMS that may be
15identified to, or with, a particular person is not subject to
16discovery, subpoena or similar compulsory process in any civil,
17judicial, administrative or legislative proceeding, nor shall
18any individual or organization with lawful access to the data be
19compelled to testify with regard to the data.

20(d) Exceptions.--The restrictions in subsection (c) do not
21apply to:

22(1) A criminal proceeding.

23(2) A civil, judicial or administrative action brought
24to enforce the provisions of this section.

25§ 2713. Use of money collected.

26(a) General rule.--The department may use the moneys
27deposited in the General Fund and appropriated to the department
28for the following purposes:

29(1) Maintenance and replacement of PAMS equipment,
30including hardware and software.

1(2) Training of staff.

2(3) Pursuit of grants and matching funds.

3(b) Collections.--The department may collect any penalty
4imposed under section 2709 (relating to unlawful acts and
5penalties) and which is not paid by bringing an action in the
6court of common pleas of the county in which the person owing
7the debt resides or in the county where the department is
8located.

9(c) Legal assistance.--The department may seek legal
10assistance from the Attorney General or the county or district
11attorney of the county in which the action is brought to collect
12the fine.

13(d) Attorney fees and costs.--The court shall award
14reasonable attorney fees and costs to the department for
15successful collection actions under section 2709.

16§ 2714. Rules and regulations.

17The department shall promulgate rules and regulations setting
18forth the procedures and methods for implementing this chapter.
19At a minimum, the rules and regulations shall include the
20following:

21(1) Effectively enforce the limitations on access to
22PAMS prescribed in section 2708 (relating to access to
23prescription information).

24(2) Establish standards and procedures to ensure
25accurate identification of individuals requesting information
26or receiving information from PAMS.

27(3) Allow adequate time following implementation of this
28chapter for dispensers, dispensing veterinarians and
29practitioners to make the changes to their operational
30systems necessary to comply with this chapter.

1(4) Allow for dispensers and dispensing veterinarians to
2have ease of transition to comply with the requirements of
3the Pharmaceutical Accountability Monitoring System.

4(5) Not place an undue burden on law enforcement seeking
5information related to an investigation.

6(6) Dispensers, dispensing veterinarians and
7practitioners licensed to practice in this Commonwealth shall
8not be held liable for failure to comply with PAMS
9requirements until all changes are fully operational and
10dispensers, dispensing veterinarians and practitioners have
11had adequate time to make necessary adjustments to operating
12systems and to receive training to fully accommodate such
13changes upon promulgation of the regulations, but not later
14than one year after the effective date of this chapter.

15(7) Dispensers and dispensing veterinarians who can show
16good cause for not submitting data electronically may be
17authorized to submit data manually if they lack Internet
18access.

19§ 2715. Evaluation, data analysis and reporting.

20(a) General rule.--The department shall design and implement
21an evaluation component to identify:

22(1) cost benefits of PAMS;

23(2) the impact on efforts to reduce misuse, abuse,
24overdose and diversion of, or addiction to, controlled
25substances;

26(3) the impact on prescribing practices for controlled
27substances;

28(4) the number of ultimate users identified through PAMS
29as potentially addicted to a controlled substance that were
30assessed for alcohol and other drug addictions;

1(5) the number of ultimate users in paragraph (4) that
2received alcohol and other drug addiction treatment and the
3names of the licensed alcohol and other drug addiction
4treatment facilities in which the ultimate users were
5treated;

6(6) the progress made in implementing real-time
7reporting; and

8(7) other information relevant to policy, research and
9education involving controlled substances and drugs of
10concern monitored by PAMS.

11(b) Annual report.--The department shall annually report the
12information specified in subsection (a) to the Public Health and
13Welfare Committee of the Senate, the Human Services Committee of
14the House of Representatives, the United States Department of
15Justice, the Substance Abuse and Mental Health Services
16Administration of the Office of National Drug Control Policy and
17members of Pennsylvania's United States Congressional
18delegation. Additionally, the department shall make the annual
19report available to the public on its publicly accessible
20Internet website.

21§ 2716. Concurrent jurisdiction.

22The Attorney General shall have concurrent prosecutorial
23jurisdiction with the county district attorney for violations of
24this chapter. No person charged with a violation of this chapter
25by the Attorney General shall have standing to challenge the
26authority of the Attorney General to prosecute the case and, if
27any such challenge is made, the challenge shall be dismissed and
28no relief shall be available in the courts of this Commonwealth
29to the person making the challenge.

30Section 2. The provisions of this act are severable. If any

1provision of this act or its application to any person or
2circumstance is held invalid, the invalidity shall not affect
3other provisions or applications of this act which can be given
4effect without the invalid provision or application.

5Section 3. This act shall take effect in 60 days.