PRINTER'S NO. 2701
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1943
Session of
2019
INTRODUCED BY ORTITAY, ROTHMAN, ZIMMERMAN, CALTAGIRONE, MOUL,
READSHAW, HEFFLEY, McNEILL AND GAYDOS, OCTOBER 15, 2019
REFERRED TO COMMITTEE ON HEALTH, OCTOBER 15, 2019
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," providing for
prescribing of opioids and penalties.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. 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 section to read:
Section 11.1. Prescribing of opioids; penalties.--(a) The
department shall promulgate regulations for the prescribing of
opioids for use in treatment of the following:
(1) Pediatrics and adolescents.
(2) Orthopedics and sports medicine.
(3) Acute anxiety and insomnia.
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(4) Pregnant patients who have an opioid addiction.
(5) Geriatric patients.
(6) Dental patients.
(7) Emergency patients.
(8) Patients with chronic noncancer pain.
(9) Any other patient who is prescribed an opioid.
(b) The department shall impose an administrative penalty on
a prescriber for a violation of the regulations under subsection
(a) as follows:
(1) For a first violation, five hundred dollars ($500).
(2) For a second violation, one thousand five hundred
dollars ($1,500).
(3) For a third violation, three thousand dollars ($3,000).
(4) For a fourth violation, the department shall notify the
prescriber's licensure board of the violation and the licensure
board shall revoke the prescriber's license.
(c) As used in this section, the term "prescriber" shall
have the same meaning as provided in section 3 of 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."
Section 2. This act shall take effect in 60 days.
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