PRINTER'S NO. 3036
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2073
Session of
2018
INTRODUCED BY HAGGERTY, DEAN, DRISCOLL, DAVIS, KIRKLAND,
CHARLTON, THOMAS, O'NEILL, MURT, MOUL, ROZZI, BOBACK, HELM,
A. DAVIS AND TOOHIL, FEBRUARY 26, 2018
REFERRED TO COMMITTEE ON HUMAN SERVICES, FEBRUARY 26, 2018
AN ACT
Amending the act of September 27, 1961 (P.L.1700, No.699),
entitled "An act relating to the regulation of the practice
of pharmacy, including the sales, use and distribution of
drugs and devices at retail; and amending, revising,
consolidating and repealing certain laws relating thereto,"
further providing for definitions; and providing for
collection and disposal of drugs by retail community
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 definition to read:
Section 2. Definitions.--As used in this act:
* * *
(20) "Retail community pharmacy" means an independent
pharmacy, chain pharmacy, supermarket pharmacy or mass
merchandiser pharmacy that is licensed as a pharmacy in this
Commonwealth and dispenses medications to the general public at
retail prices. The term does not include a pharmacy that
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
dispenses prescription medications to patients primarily through
the mail, nursing home pharmacies, long-term care facility
pharmacies, hospital pharmacies, nonresident pharmacies,
clinics, charitable or not-for-profit pharmacies, government
pharmacies or pharmacy benefit managers.
Section 2. The act is amended by adding a section to read:
Section 4.2. Collection and Disposal of Drugs by Retail
Community Pharmacies.--(a) A retail community pharmacy shall
install and maintain a drug collection receptacle onsite where
unused or expired drugs may be anonymously deposited by members
of the public. The drug collection receptacle shall be made
accessible to the public during the pharmacy's ordinary business
hours. The retail community pharmacy shall pay all costs related
to the installation and maintenance of a drug collection
receptacle.
(b) A retail community pharmacy shall accept controlled
substances listed under schedules II, III, IV and V of the act
of April 14, 1972 (P.L.233, No.64), known as "The Controlled
Substance, Drug, Device and Cosmetic Act," noncontrolled
substances and over-the-counter medicines in a drug collection
receptacle.
(c) Within one year after the effective date of this
section, a retail community pharmacy located in this
Commonwealth shall have installed a drug collection receptacle
and shall be in compliance with all Federal laws applicable to
this section.
(d) Drugs deposited in a collection receptacle shall be
destroyed or otherwise disposed of as provided in Federal law.
Disposal may include on-site destruction or transport or
transfer to a person or entity authorized to accept controlled
20180HB2073PN3036 - 2 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
substances for the purpose of destroying the controlled
substance.
(e) The board shall promulgate rules and regulations to
implement the provisions of this section.
(f) A retail community pharmacy found to be in violation of
this section shall be subject to a civil penalty of two hundred
fifty dollars ($250) for each violation.
Section 3. This act shall take effect in 60 days.
20180HB2073PN3036 - 3 -
1
2
3
4
5
6
7
8