PRIOR PRINTER'S NOS. 365, 1911

PRINTER'S NO. 2066

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

353

Session of

2017

INTRODUCED BY NESBIT, MARSICO, NEILSON, CRUZ, DRISCOLL, COX,

MILLARD, HILL-EVANS, CARROLL, PHILLIPS-HILL, PICKETT,

A. HARRIS, MURT, WARD, IRVIN, GAINEY, SOLOMON, M. QUINN,

Amending the act of April 14, 1972 (P.L.233, No.64), entitled

"An act relating to the manufacture, sale and possession of

controlled substances, other drugs, devices and cosmetics;

conferring powers on the courts and the secretary and

Department of Health, and a newly created Pennsylvania Drug,

Device and Cosmetic Board; establishing schedules of

controlled substances; providing penalties; requiring

registration of persons engaged in the drug trade and for the

revocation or suspension of certain licenses and

registrations; and repealing an act," further providing for

Section 11. Professional Prescription, Administration, and

Dispensing.--(a) Except when dispensed or administered directly

to the patient by a practitioner or his authorized agent, other

than a pharmacist, to an ultimate user, no controlled substance

in Schedule II[, may] shall be dispensed without [the written]

an electronic prescription of a practitioner, except in

emergency situations and as otherwise provided under this

subsection, as prescribed by the secretary by regulation. No

prescription for a controlled substance in Schedule II may be

refilled. As prescribed by the secretary by regulation, the

failure;

(3) by a practitioner and dispensed by a pharmacy located

outside this Commonwealth;

(4) by a practitioner who OR HEALTH CARE FACILITY THAT does

not have Internet access OR AN ELECTRONIC HEALTH RECORD SYSTEM ;

or

(5) by a practitioner treating a patient in AN EMERGENCY

DEPARTMENT OR a health care facility u nder circumstances when

the practitioner reasonably determines that electronically

prescribing a controlled substance would BE IMPRACTICAL FOR THE

in Schedule III or IV[, may] shall be dispensed without [a

written or oral] an electronic prescription of a practitioner,

except in emergency situations, as prescribed by the secretary

by regulation and as otherwise provided under this subsection .

Such prescriptions shall not be filled or refilled more than six

months after the date thereof or be refilled more than five

times after the date of the prescription unless renewed by the

practitioner. As prescribed by the secretary by regulation, the

failure;

(3) by a practitioner and dispensed by a pharmacy located

outside this Commonwealth;

(4) by a practitioner who OR HEALTH CARE FACILITY THAT does

not have Internet access OR AN ELECTRONIC HEALTH RECORD SYSTEM ;

or

(5) by a practitioner treating a patient in AN EMERGENCY

DEPARTMENT OR a health care facility u nder circumstances when

the practitioner reasonably determines that electronically

prescribing a controlled substance would BE IMPRACTICAL FOR THE