PRINTER'S NO. 598
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
575
Session of
2017
INTRODUCED BY DAVIS, MURT, DRISCOLL, D. COSTA, O'NEILL, McNEILL,
KULIK, DONATUCCI, PASHINSKI AND KORTZ, FEBRUARY 21, 2017
REFERRED TO COMMITTEE ON JUDICIARY, FEBRUARY 21, 2017
AN ACT
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
records of distribution of controlled substances.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 12 of the act of April 14, 1972 (P.L.233,
No.64), known as The Controlled Substance, Drug, Device and
Cosmetic Act, is amended by adding a subsection to read:
Section 12. Records of Distribution of Controlled
Substances.--* * *
(d) (1) An official State prescription form shall be
prepared and issued by the secretary in groups of 25 or 100
forms, which forms shall be serially numbered.
(2) Unless prescribed electronically , controlled substances
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in Schedules II, III , IV and V shall be prescribed or dispensed
only on an official State prescription form.
(3) The secretary may make rules and regulations, consistent
with this act, with respect to the retention or filing of the
forms, including information required to be filed with the
secretary, the maximum number of forms which may be issued at
any one time, the period of time after issuance by the secretary
that the forms shall remain valid for use, the manner in which
practitioners associated with institutional dispensers may use
the forms or any other matter of procedure or detail necessary
to effectuate or clarify the provisions of this section and to
secure proper and effective enforcement of the provisions of
this act.
(4) Every practitioner who prescribes a controlled substance
shall implement and maintain adequate safeguards and security
measures of official State prescription forms in order to assure
against loss, destruction, theft or unauthorized use of the
forms as follows:
(i) A practitioner shall maintain a record of the
disposition of all forms, including, but not limited to, use as
a prescription, cancellation, return, loss, destruction,
unauthorized use and nonreceipt. The forms may be used only by
the practitioner to whom they are issued and are not
transferable.
(ii) A practitioner shall immediately notify the department
on forms supplied by the department of the loss, destruction,
theft or unauthorized use of official State prescription forms
issued to the practitioner as well as the failure to receive
official State prescription forms within a reasonable time after
ordering them from the secretary. Upon receipt of notification,
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the secretary shall take appropriate action, including notifying
the Office of Attorney General.
(5) This subsection shall not apply to veterinarians.
Section 2. This act shall take effect in 60 days.
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