PRINTER'S NO. 640
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
598
Session of
2017
INTRODUCED BY GAINEY, KINSEY, DEAN, O'BRIEN, BULLOCK, MILLARD,
READSHAW, ROZZI, D. COSTA, V. BROWN, WARD, MOUL, DEASY,
R. BROWN, STURLA, McCLINTON, TOOHIL, YOUNGBLOOD, DRISCOLL,
SCHWEYER, PASHINSKI, COMITTA, THOMAS, KORTZ, GALLOWAY AND
McNEILL, FEBRUARY 24, 2017
REFERRED TO COMMITTEE ON HEALTH, FEBRUARY 24, 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
professional prescription, administration and dispensing.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 11 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 subsections to read:
Section 11. Professional Prescription, Administration, and
Dispensing.--* * *
(d.2) Notwithstanding any other provision of law or
regulation to the contrary, a practitioner shall not prescribe,
administer or dispense a controlled substance listed on the
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schedules of controlled substances under section 4 or controlled
substances schedules established under the Comprehensive Drug
Abuse Prevention and Control Act of 1970 (Public Law 91-513, 84
Stat. 1236) without first utilizing the system established under
the act of October 27, 2014 (P.L.2911, No.191), known as the
"Achieving Better Care by Monitoring All Prescriptions Program
(ABC-MAP) Act," to determine if an unusual prescribing pattern
for the controlled substance exists for the patient and noting
in the patient's medical record the reasons for prescribing,
administering or dispensing the controlled substance, if the
controlled substance to be prescribed has a heightened potential
for misuse and abuse that could lead to psychic, psychological
or physical dependence and poses a heightened risk to public
health. The prescription monitoring requirement of this section
shall not apply to the following:
(1) A licensed health care facility that distributes the
controlled substance for the purpose of administration in the
licensed health care facility.
(2) A correctional facility or its contractors if the
patient is a confined person and cannot lawfully visit a
prescriber outside the correctional facility without being
escorted by a corrections officer.
(3) A wholesale distributor of a controlled substance.
(4) A practitioner in the LIFE program.
(5) A practitioner of hospice as defined in the act of July
19, 1979 (P.L.130, No.48), known as the "Health Care Facilities
Act."
(6) A prescriber at a licensed health care facility if the
quantity of controlled substances dispensed is limited to an
amount adequate to treat the patient and does not allow for a
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refill unless, in the professional medical judgment of the
treating practitioner, a refill is appropriate and medically
necessary upon discharge of the patient.
(7) A veterinarian.
(8) In the case of a medical emergency, as determined by the
treating health care practitioner.
(d.3) (1) A practitioner shall have no duty to utilize the
system in accordance with subsection (d.2) if the following
apply:
(i) In the professional medical judgment of the treating
practitioner, a controlled substance is needed to stabilize a
patient's emergency medical condition.
(ii) The controlled substance is prescribed to the named
patient for chronic pain management, pain associated with a
cancer diagnosis or for palliative care.
(2) If a patient's medical condition requires the issuance
of a controlled substance in accordance with paragraph (1), the
condition triggering the prescription shall be documented in the
patient's medical record and the practitioner shall indicate
that no alternative controlled substance was appropriate or
available to medically address the patient's medical condition.
* * *
(g) For the purposes of subsections (d.2) and (d.3) the
following shall apply:
(1) The terms "licensed health care facility," "LIFE
program" and "system" shall have the meanings given to them in
section 3 of the "Achieving Better Care by Monitoring All
Prescriptions Program (ABC-MAP) Act."
(2) The term "controlled substance" shall only include a
drug or substance listed in Schedule I, II or III of the
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schedules of controlled substances established under section 4
or under the Comprehensive Drug Abuse Prevention and Control Act
of 1970 which is opium or an opiate, including any compound,
salt, derivative or preparation of opium or opiate, and which
has a heightened potential for misuse or abuse.
(3) The term "practitioner" shall not include a
veterinarian.
Section 2. This act shall take effect immediately.
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