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PRIOR PRINTER'S NO. 775
PRINTER'S NO. 993
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
655
Session of
2017
INTRODUCED BY YAW, McGARRIGLE, BAKER, ALLOWAY, ARGALL,
BARTOLOTTA, RESCHENTHALER, VULAKOVICH, LANGERHOLC, WHITE,
COSTA, MENSCH, KILLION, RAFFERTY, YUDICHAK, BROWNE, BREWSTER,
HUGHES, STEFANO, SCARNATI, SCAVELLO AND HAYWOOD, MAY 2, 2017
SENATOR BAKER, HEALTH AND HUMAN SERVICES, AS AMENDED,
JUNE 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
DEFINITIONS, PROVIDING FOR PENNSYLVANIA SAFE AND EFFECTIVE
OPIOID PRESCRIBING ADVISORY COUNCIL AND FURTHER PROVIDING FOR
promulgation of regulations.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 35 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 1. SECTION 2(B) 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 DEFINITION TO
READ:
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SECTION 2. DEFINITIONS.--* * *
(B) AS USED IN THIS ACT:
* * *
"ADVISORY COUNCIL" MEANS THE PENNSYLVANIA SAFE AND EFFECTIVE
OPIOID PRESCRIBING ADVISORY COUNCIL.
* * *
SECTION 2. THE ACT IS AMENDED BY ADDING A SECTION TO READ:
SECTION 31.1. PENNSYLVANIA SAFE AND EFFECTIVE OPIOID
PRESCRIBING ADVISORY COUNCIL.--(A) THERE IS ESTABLISHED THE
PENNSYLVANIA SAFE AND EFFECTIVE OPIOID PRESCRIBING ADVISORY
COUNCIL WITHIN THE DEPARTMENT OF HEALTH.
(B) THE ADVISORY COUNCIL SHALL CONSIST OF THE FOLLOWING
MEMBERS:
(1) THE SECRETARY OF HEALTH OR THE SECRETARY'S DESIGNEE.
(2) THE SECRETARY OF HUMAN SERVICES OR THE SECRETARY'S
DESIGNEE.
(3) THE SECRETARY OF DRUG AND ALCOHOL PROGRAMS OR THE
SECRETARY'S DESIGNEE.
(4) THE SECRETARY OF AGING OR THE SECRETARY'S DESIGNEE.
(5) THE SECRETARY OF STATE OR THE SECRETARY'S DESIGNEE.
(6) THE PHYSICIAN GENERAL OR THE PHYSICIAN GENERAL'S
DESIGNEE.
(7) THE FOLLOWING MEMBERS APPOINTED BY THE GOVERNOR:
(I) TWO REPRESENTATIVES OF A STATEWIDE ORGANIZATION
REPRESENTING THE INTERESTS OF PHYSICIANS.
(II) TWO REPRESENTATIVES OF A STATEWIDE ORGANIZATION
REPRESENTING THE INTERESTS OF HOSPITALS AND HEALTH SYSTEMS.
(III) TWO REPRESENTATIVES OF A STATEWIDE ORGANIZATION
REPRESENTING THE INTERESTS OF DENTISTS.
(IV) TWO REPRESENTATIVES OF A STATEWIDE ORGANIZATION
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REPRESENTING THE INTERESTS OF NURSING PROFESSIONALS.
(V) ONE REPRESENTATIVE OF THE DEPARTMENT OF MILITARY AND
VETERANS AFFAIRS.
(VI) ONE REPRESENTATIVE OF A REGIONAL HEALTH CARE PROVIDER
BASED IN WESTERN PENNSYLVANIA.
(VII) ONE REPRESENTATIVE OF A REGIONAL HEALTH CARE PROVIDER
BASED IN NORTHEASTERN PENNSYLVANIA.
(VIII) ONE REPRESENTATIVE OF A REGIONAL HEALTH CARE PROVIDER
BASED IN CENTRAL PENNSYLVANIA.
(IX) ONE REPRESENTATIVE OF A REGIONAL HEALTH CARE PROVIDER
OF OSTEOPATHIC MEDICINE BASED IN SOUTHEASTERN PENNSYLVANIA.
(X) ONE REPRESENTATIVE OF AN ALCOHOL AND CHEMICAL DEPENDENCY
TREATMENT CENTER LOCATED IN NORTHEASTERN PENNSYLVANIA.
(XI) ONE REPRESENTATIVE OF A STATEWIDE ORGANIZATION
REPRESENTING FAMILY PHYSICIANS.
(XII) ONE REPRESENTATIVE OF A STATEWIDE ORGANIZATION
REPRESENTING THE PROFESSION OF PSYCHIATRY.
(XIII) ONE REPRESENTATIVE OF A NATIONAL ORGANIZATION
REPRESENTING ADDICTION MEDICINE PROFESSIONALS.
(XIV) ONE REPRESENTATIVE OF A STATEWIDE ORGANIZATION
REPRESENTING THE INTERESTS OF DRUG AND ALCOHOL SERVICE
PROVIDERS.
(XV) ONE REPRESENTATIVE OF A STATEWIDE ORGANIZATION
REPRESENTING CORONERS.
(C) THE ADVISORY COUNCIL SHALL ELECT A CHAIRPERSON FROM
AMONG ITS MEMBERS.
(D) THE ADVISORY COUNCIL SHALL MEET UPON THE CALL OF THE
CHAIRPERSON, BUT NOT LESS THAN SEMIANNUALLY. A SIMPLE MAJORITY
OF THE MEMBERS SHALL CONSTITUTE A QUORUM.
(E) (1) THE MEMBERS OF THE ADVISORY COUNCIL SHALL SERVE
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TWO-YEAR TERMS COMMENCING WITH THE FIRST TUESDAY IN JANUARY OF
ODD-NUMBERED YEARS AND MAY BE REAPPOINTED UPON REELECTION TO
OFFICE.
(2) OF THE INITIAL MEMBERS APPOINTED BY THE GOVERNOR, NINE
MEMBERS SHALL SERVE INITIAL TERMS OF ONE YEAR, AND TEN MEMBERS
SHALL SERVE INITIAL TERMS OF TWO YEARS. AFTER THE INITIAL TERM,
AN INDIVIDUAL APPOINTED BY THE GOVERNOR SHALL SERVE FOR A TERM
OF THREE YEARS. INDIVIDUALS APPOINTED BY THE GOVERNOR MAY BE
APPOINTED TO SUCCESSIVE TERMS.
(F) A VACANCY ON THE ADVISORY COUNCIL SHALL BE FILLED FOR
THE REMAINDER OF AN UNEXPIRED TERM IN THE SAME MANNER AS THE
ORIGINAL APPOINTMENT. A MEMBER, UPON EXPIRATION OF THE TERM,
SHALL CONTINUE TO HOLD OFFICE UNTIL A SUCCESSOR IS APPOINTED.
(G) A MAJORITY OF THE MEMBERSHIP OF THE ADVISORY COUNCIL
SHALL CONSTITUTE A QUORUM FOR THE TRANSACTION OF BUSINESS.
ACTION MAY BE TAKEN ON A MATTER BEFORE THE ADVISORY COUNCIL BY A
MAJORITY VOTE OF THE FULL MEMBERSHIP OF THE ADVISORY COUNCIL.
(H) AN ADVISORY COUNCIL MEMBER MAY NOT RECEIVE COMPENSATION
FOR HIS SERVICES, BUT SHALL BE REIMBURSED FOR ALL NECESSARY
TRAVEL AND OTHER REASONABLE EXPENSES INCURRED IN CONNECTION WITH
THE PERFORMANCE OF HIS DUTIES AS A MEMBER.
(I) THE ADVISORY COUNCIL SHALL EXAMINE AND MAKE
RECOMMENDATIONS REGARDING OPIOID PRESCRIBING AND DISPENSING
PRACTICES AND RELATED POLICIES IMPLEMENTED BY THE DEPARTMENT.
(J) THE ADVISORY COUNCIL SHALL ANNUALLY ISSUE A REPORT OF
ITS ACTIVITIES AND RECOMMENDATIONS TO ALL OF THE FOLLOWING:
(1) THE GOVERNOR.
(2) THE CHAIRPERSON AND MINORITY CHAIRPERSON OF THE
HEALTH AND HUMAN SERVICES COMMITTEE OF THE SENATE.
(3) THE CHAIRPERSON AND MINORITY CHAIRPERSON OF THE HEALTH
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COMMITTEE OF THE HOUSE OF REPRESENTATIVES.
(4) THE CHAIRPERSON AND MINORITY CHAIRPERSON OF THE HUMAN
SERVICES COMMITTEE OF THE HOUSE OF REPRESENTATIVES.
(5) THE SECRETARY OF HEALTH.
(6) THE SECRETARY OF HUMAN SERVICES.
(7) THE SECRETARY OF DRUG AND ALCOHOL PROGRAMS.
(8) THE SECRETARY OF AGING.
(K) THE DEPARTMENT SHALL PROVIDE ADMINISTRATIVE SUPPORT,
OFFICE SPACE AND ANY OTHER TECHNICAL ASSISTANCE REQUIRED BY THE
ADVISORY COUNCIL TO CARRY OUT ITS DUTIES.
SECTION 3. SECTION 35 OF THE ACT IS AMENDED BY ADDING
SUBSECTIONS TO READ:
Section 35. Promulgation of Regulations.--* * *
(c) The secretary DEPARTMENT shall promulgate in accordance
with the "Commonwealth Documents Law" regulations relating to
the prescription of opioids CONSISTENT WITH THE PRESCRIBING
GUIDELINES ISSUED BY THE ADVISORY COUNCIL , including:
(1) Opioids for treatment of chronic noncancer pain.
(2) Emergency department pain treatment guidelines.
(3) Opioids in dental practice.
(4) Opioid dispensing guidelines.
(5) Obstetrics and gynecology pain treatment.
(6) Geriatric pain - opioid use and safe prescribing.
(7) Use of addiction treatment medications in the treatment
of pregnant patients with opioid use disorders.
(8) Safe prescribing of benzodiazepines for acute treatment
of anxiety and insomnia.
(9) Safe prescribing of opioids in orthopedics and sports
medicine.
IN PROMULGATING THE REGULATIONS, THE DEPARTMENT SHALL FOLLOW
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THE RECOMMENDATIONS OF THE ADVISORY COUNCIL ISSUED UNDER SECTION
31.1.
(d) Regulations under subsection (c), upon being promulgated
pursuant to law, shall have the force and effect of law and
shall be subject to sanctions by the appropriate licensing
boards.
Section 2 4. This act shall take effect in 60 days.
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