HOUSE AMENDED
PRIOR PRINTER'S NOS. 752, 929
PRINTER'S NO. 1286
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
683
Session of
2023
INTRODUCED BY MASTRIANO, BROOKS AND BARTOLOTTA, MAY 15, 2023
AS AMENDED ON SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES,
DECEMBER 12, 2023
AN ACT
Amending Title 35 (Health and Safety) of the Pennsylvania
Consolidated Statutes, in public safety, providing for
miscellaneous provisions. URINE DRUG SCREENING REQUIREMENT
AND FOR XYLAZINE AWARENESS EDUCATION.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 35 of the Pennsylvania Consolidated
Statutes is amended by adding a chapter to read:
CHAPTER 59
MISCELLANEOUS PROVISIONS
Sec.
5901. (Reserved).
5902. Urine drug screening requirement.
5903. XYLAZINE AWARENESS EDUCATION.
ยง 5901. (Reserved).
ยง 5902. Urine drug screening requirement.
(a) General rule.--If a urine drug screening is conducted in
a general
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(A) GENERAL RULE.--
(1) EXCEPT AS PROVIDED IN PARAGRAPH (2), IF A URINE DRUG
SCREENING IS CONDUCTED IN AN EMERGENCY DEPARTMENT WITHIN AN
acute care hospital to assist in diagnosing a patient's
condition, the urine drug screening shall include testing for
fentanyl and xylazine .
(2) THE XYLAZINE TESTING UNDER PARAGRAPH (1) SHALL ONLY
BE REQUIRED IF TESTING IS AVAILABLE AS PART OF THE URINE DRUG
SCREENING PANEL.
(b) Reporting.--If the urine drug screening conducted in
(B) REPORTING.--
(1) IF THE URINE DRUG SCREENING CONDUCTED IN accordance
with subsection (a) detects fentanyl or xylazine , the
hospital EMERGENCY DEPARTMENT shall report the test results,
which shall be deidentified, to the Department of Health
through PA-NEDSS .
(c) Construction.--Nothing in this section shall preclude an
acute care hospital without analyzer equipment for urinalysis
from utilizing fentanyl test strips or xylazine test strips in
accordance with the act of April 14, 1972 (P.L.233, No.64),
known as The Controlled Substance, Drug, Device and Cosmetic
Act. DEPARTMENT AND SHALL PROVIDE INFORMATIONAL MATERIALS UNDER
SECTION 5903(A)(2) (RELATING TO XYLAZINE AWARENESS EDUCATION) .
(2) THE DEPARTMENT SHALL DETERMINE THE MANNER OF
SUBMISSION OF TEST RESULTS.
(3) REPORTING FOR FENTANYL AND XYLAZINE SHALL OCCUR WHEN
RESULTS MEET A SCREENING THRESHOLD SET BY THE DEPARTMENT.
(4) THE DEPARTMENT SHALL TRANSMIT NOTICE OF THE MANNER
OF SUBMISSION OF TEST RESULTS UNDER PARAGRAPH (2) AND THE
SCREENING THRESHOLD UNDER PARAGRAPH (3) TO THE LEGISLATIVE
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REFERENCE BUREAU FOR PUBLICATION IN THE NEXT AVAILABLE ISSUE
OF THE PENNSYLVANIA BULLETIN.
(5) PRIOR TO THE TRANSMITTAL OF THE NOTICE UNDER
PARAGRAPH (4), THE DEPARTMENT SHALL CONSULT WITH STAKEHOLDERS
REGARDING THE MANNER OF SUBMISSION OF TEST RESULTS AND THE
SCREENING THRESHOLD.
(C) APPLICABILITY.-- THE REQUIREMENTS OF THIS CHAPTER SHALL
NOT APPLY IF A HEALTH CARE PRACTITIONER OF THE EMERGENCY
DEPARTMENT DETERMINES THAT A POSITIVE TEST RESULT FOR FENTANYL
IS DUE TO A LEGALLY PRESCRIBED COURSE OF TREATMENT FOR THE
PATIENT. THE HEALTH CARE PRACTITIONER SHALL DENOTE THIS
EXCEPTION IN THE PATIENT'S MEDICAL RECORD.
(d) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection unless the context clearly indicates otherwise:
"Acute care hospital." A facility that provides inpatient
and outpatient hospital services and is licensed by the
Department of Health DEPARTMENT as a general or tertiary care
hospital. The term does not include a specialty hospital.
"Controlled substance." A drug, substance or immediate
precursor included in Schedules I through V of THE ACT OF APRIL
14, 1972 (P.L.233, NO.64), KNOWN AS The Controlled Substance,
Drug, Device and Cosmetic Act.
"PA-NEDSS." Pennsylvania's version of the National
Electronic Disease Surveillance System.
"DEPARTMENT." THE DEPARTMENT OF HEALTH OF THE COMMONWEALTH.
"EMERGENCY DEPARTMENT." AN ENTITY WITHIN A HOSPITAL THAT IS
ORGANIZATIONALLY DISTINCT FROM OTHER OUTPATIENT FACILITIES AND
WHOSE PRIMARY FUNCTION IS TO PROVIDE EMERGENCY ACCIDENT OR
EMERGENCY MEDICAL OR SURGICAL CARE. THE TERM INCLUDES AN
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OUTPATIENT EMERGENCY DEPARTMENT.
"HEALTH CARE PRACTITIONER." AS DEFINED IN SECTION 103 OF THE
ACT OF JULY 19, 1979 (P.L.130, NO.48), KNOWN AS THE HEALTH CARE
FACILITIES ACT.
"Urine drug screening." A chemical analysis intended to test
a patient for the presence of a controlled substance OR
XYLAZINE .
ยง 5903. XYLAZINE AWARENESS EDUCATION.
(A) POWERS AND DUTIES.-- THE DEPARTMENT OF DRUG AND ALCOHOL
PROGRAMS , IN CONSULTATION WITH THE DEPARTMENT OF HEALTH AND THE
DEPARTMENT OF AGRICULTURE, SHALL HAVE THE POWER AND ITS DUTY
SHALL BE TO:
(1) ENTER INTO PARTNERSHIPS WITH HEALTH CARE PROVIDERS,
INCLUDING PHYSICIANS AND VETERINARIANS, AND COMMUNITY-BASED
HEALTH CENTERS AND HOSPITALS TO EDUCATE RESIDENTS OF THIS
COMMONWEALTH ON THE DANGERS OF HUMAN USE OF XYLAZINE.
(2) CREATE INFORMATIONAL MATERIALS IN ELECTRONIC AND
PHYSICAL FORM, IN COORDINATION WITH THE PARTNERS DESCRIBED IN
PARAGRAPH (1), WHICH MAY BE DISTRIBUTED TO OR ACCESSED BY
RESIDENTS OF THIS COMMONWEALTH. THE INFORMATIONAL MATERIALS
SHALL INCLUDE:
(I) THE EFFECTS ON THE HUMAN BODY OF THE USE OF
XYLAZINE.
(II) HOW TO TALK TO FAMILY AND FRIENDS ABOUT THE
DANGERS OF HUMAN USE OF XYLAZINE.
(III) THE LEGITIMATE USES OF XYLAZINE FOR ANIMAL
USE.
(IV) ANY OTHER INFORMATION THAT THE DEPARTMENT OF
DRUG AND ALCOHOL PROGRAMS DEEMS NECESSARY TO PREPARE AND
EDUCATE RESIDENTS OF THIS COMMONWEALTH ON THE DANGERS OF
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HUMAN USE OF XYLAZINE.
(B) EXPIRATION.--UPON A DETERMINATION BY THE SECRETARY OF
HEALTH THAT THE HUMAN USE OF XYLAZINE NO LONGER POSES A
SIGNIFICANT THREAT TO THE PUBLIC HEALTH AND SAFETY OF THE
COMMONWEALTH, THE SECRETARY OF HEALTH SHALL TRANSMIT NOTICE OF
THE DETERMINATION TO THE LEGISLATIVE REFERENCE BUREAU FOR
PUBLICATION IN THE NEXT AVAILABLE ISSUE OF THE PENNSYLVANIA
BULLETIN. THIS SECTION SHALL EXPIRE UPON PUBLICATION OF THE
NOTICE UNDER THIS SUBSECTION.
Section 2. This act shall take effect in 60 days.
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