PRIOR PRINTER'S NOS. 1972, 2713
PRINTER'S NO. 3241
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1741
Session of
2021
INTRODUCED BY KEEFER, COX, RYAN, KAUFFMAN, HERSHEY, BERNSTINE,
ZIMMERMAN, ROWE, JONES, TWARDZIK, RAPP, BOROWICZ, DIAMOND,
GREINER, GILLEN, MALONEY AND HAMM, JULY 30, 2021
AS AMENDED ON SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES,
JUNE 14, 2022
AN ACT
Providing for prescribing and dispensing drugs approved by the
United States Food and Drug Administration for off-label use
to treat coronavirus infections causing respiratory-syndrome-
related illnesses.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Short title.
This act shall be known and may be cited as the Coronavirus
Infection Medication Act.
Section 2. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Coronavirus." Any of the various RNA-containing spherical
viruses of the family coronaviridae.
"Dispense." The preparation of a prescription or
nonprescription drug in a suitable container appropriately
labeled for subsequent administration to or use by a patient or
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other individual authorized to receive the drug.
"Informed consent." The consent of a patient to receive and
take a therapeutic drug as provided under this act.
"Licensing board or commission." An administrative board or
commission under the Bureau of Occupational and Professional
PROFESSIONAL AND OCCUPATIONAL Affairs in the Department of
State.
"OFF-LABEL USE." THE USE OF A THERAPEUTIC DRUG FOR A
TREATMENT OTHER THAN A TREATMENT SPECIFIED IN THE LABELING
APPROVED BY THE UNITED STATES FOOD AND DRUG ADMINISTRATION.
"Pharmacist." As defined in section 2(10) of the act of
September 27, 1961 (P.L.1700, No.699), known as the Pharmacy
Act.
"Prescriber." A person who is licensed, registered or
otherwise lawfully authorized to prescribe a controlled
substance or any other drug or device in the course of
professional practice or research in this Commonwealth.
Section 3. Drugs for off-label use to treat coronavirus
infections causing respiratory-syndrome-related
illnesses.
(a) Authorization.--A IF A PRESCRIBER DETERMINES THAT THE
PRESCRIBING OF A THERAPEUTIC DRUG FOR OFF-LABEL USE IS IN THE
BEST INTEREST OF A PATIENT FOR THE TREATMENT OF CORONAVIRUS DUE
TO THE PATIENT'S INDIVIDUAL MEDICAL CONDITION, THE prescriber
may prescribe, and a pharmacist may dispense, in accordance with
a prescription drug order and with the informed consent of a THE
patient, a therapeutic drug approved by the United States Food
and Drug Administration for off-label use to the patient for
prophylaxis or for at-home, early-stage outpatient or hospital
inpatient treatment of coronavirus infections causing
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respiratory-syndrome-related illnesses.
(b) Exposure not required.--A patient's suspected exposure
to coronavirus infections causing respiratory-syndrome-related
illnesses shall not be required for a prescriber to prescribe,
and a pharmacist to dispense, a drug to the patient for
prophylaxis as authorized under subsection (a).
(c) Screening not required.--A patient's positive screening
results test shall not be required for a prescriber to
prescribe, and a pharmacist to dispense, a drug to the patient
for at-home, early-stage outpatient treatment as authorized
under subsection (a).
(B) SCREENINGS AND EXPOSURE.--A PATIENT SHALL NOT BE
REQUIRED TO SHOW A POSITIVE SCREENING RESULTS TEST OR HAVE A
SUSPECTED EXPOSURE TO CORONAVIRUS FOR A PRESCRIBER TO PRESCRIBE,
AND A PHARMACIST TO DISPENSE, A THERAPEUTIC DRUG FOR OFF-LABEL
USE TO THE PATIENT FOR TREATMENT OF CORONAVIRUS INFECTIONS AS
AUTHORIZED UNDER SUBSECTION (A).
Section 4. Administrative or disciplinary actions.
An action taken by a prescriber or pharmacist in accordance
with section 3 shall not be considered unlawful, unethical,
unauthorized or unprofessional conduct by a licensing board or
commission. A licensing board or commission may not take an
administrative or disciplinary action against a prescriber or
pharmacist for an action taken in accordance with section 3
absent a showing of recklessness or gross negligence.
Section 5. Effective date.
This act shall take effect immediately.
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