PRINTER'S NO. 66

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

75

Session of

2015

INTRODUCED BY KAUFFMAN, BARRAR, COHEN, KORTZ, RAPP, GROVE,

WATSON, PASHINSKI AND LAWRENCE, JANUARY 21, 2015

REFERRED TO COMMITTEE ON PROFESSIONAL LICENSURE,

consolidating and repealing certain laws relating thereto,"

providing for nonresident pharmacies.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Section 2 of the act of September 27, 1961

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

adding a clause to read:

Section 2. Definitions.--As used in this act:

* * *

(19) "Nonresident pharmacy" means any pharmacy located

(k) A pharmacy that is also licensed, permitted or

registered by the proper licensing authority of another state to

ship, mail or deliver legend devices or legend drugs to patients

in that state shall report this information to the board on the

biennial registration. Any disciplinary action taken in other

states shall be reported to the board within thirty days of

final disposition. A nonresident license, permit or registration

shall be noted by the board on the pharmacy's record, and the

state shall be notified by the board of any disciplinary action

taken against the pharmacy in this Commonwealth.

Section 3. The act is amended by adding a section to read:

corporate officers, if applicable, and the pharmacist in charge .

A nonresident pharmacy shall report to the board within thirty

days after any change of location or pharmacist in charge .

(2) Submit a statement that the nonresident pharmacy

complies with all lawful directions and requests for information

from the regulatory or licensing agency of the state in which it

is licensed as well as complies with all requests for

information made by the board pursuant to this section.

(3) Maintain at all times, a valid unexpired license, permit

or registration to conduct the pharmacy in compliance with the

resulting from an inspection conducted by the regulatory or

licensing agency of the state in which the nonresident pharmacy

is located or by the National Association of Boards of

Pharmacy's Verified Pharmacy Program.

(b) A nonresident pharmacy shall, during its regular hours

of operation, but not less than six days per week, and for a

minimum of forty hours per week, provide a toll-free telephone

number to facilitate communication between patients in this

Commonwealth and a pharmacist who is licensed in this

Commonwealth or in the state in which the nonresident pharmacy

Commonwealth.

(c) A nonresident pharmacy shall report to the board within

thirty days of final disposition any disciplinary action taken

by the regulatory or licensing agency of the state in which the

nonresident pharmacy is located.

(d) A nonresident pharmacy may not engage in the business of

shipping, mailing or delivering legend devices or legend drugs

in this Commonwealth unless the nonresident pharmacy has been

issued a certificate of registration by the board and has paid

the fee established by the board by regulation for issuance or

with any requirement of this section.

(f) The board may deny, revoke or suspend any certificate of

registration as a nonresident pharmacy for conduct which causes

serious bodily injury or serious psychological injury to a

resident of this Commonwealth provided that the board has

referred the matter to the regulatory or licensing agency in the

state in which the nonresident pharmacy is located.

(g) The board may deny, revoke or suspend any certificate of

registration as a nonresident pharmacy upon proof satisfactory

to the board that the nonresident pharmacy's permit to conduct a

(h) It shall be unlawful for a nonresident pharmacy that has

not been issued a certificate of registration pursuant to this

section to advertise its services in this Commonwealth, or for a

person who is a resident of this Commonwealth to advertise the

pharmacy services of a nonresident pharmacy that has not

received a certificate of registration from the board, with the

knowledge that the advertisement will or is likely to induce

members of the public in this Commonwealth to use the pharmacy

for dispensing prescriptions.

Section 4. Section 5(b) of the act is amended by adding a

clause to read:

Section 5. Refusal to Grant, Revocation and Suspension.--* *

*

(b) The board shall have the power to refuse, revoke or

suspend the permit of any pharmacy upon proof satisfactory to it

that:

* * *

(7) The pharmacy's license, permit or registration to

conduct a pharmacy or a nonresident pharmacy issued by the

proper licensing authority of another state has been revoked or