PRINTER'S NO. 1971
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1508
Session of
2017
INTRODUCED BY NESBIT, JUNE 12, 2017
REFERRED TO COMMITTEE ON HEALTH, JUNE 12, 2017
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,"
providing for professional prescription, administration and
dispensing.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The act of September 27, 1961 (P.L.1700, No.699),
known as the Pharmacy Act, is amended by adding a section to
read:
Section 9.5. Professional Prescription, Administration and
Dispensing.--(a) Except when dispensed or administered directly
to the patient by a practitioner or a practitioner's authorized
agent, other than a pharmacist, to an ultimate user, no
prescription shall be dispensed without an electronic
prescription of a practitioner, except in emergency situations,
as prescribed by the secretary by regulation.
(b) No prescription for a controlled substance in Schedule
II of the Controlled Substance, Drug, Device and Cosmetic Act,
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may be refilled.
(c) No prescription for a controlled substance in Schedule
III, IV and V of the Controlled Substance, Drug, Device and
Cosmetic Act may be filled or refilled more than six months
after the date of the prescription or be refilled more than five
times after the date of the prescription unless renewed by the
practitioner.
(d) This section shall not apply to prescriptions which are
issued:
(1) By a veterinarian.
(2) In a circumstance when electronic prescribing is not
available due to temporary technological or electrical failure.
(3) By a practitioner to be dispensed by a pharmacy located
outside this Commonwealth.
(4) By a practitioner treating a patient in an emergency
department or other health care facility and under a
circumstance when, notwithstanding the practitioner's present
ability to make an electronic prescription as required by this
subsection, the practitioner reasonably determines that it would
be impractical for the patient to obtain substances prescribed
by electronic prescription in a timely manner and that the delay
would adversely impact the patient's medical condition.
(5) By a practitioner without Internet access or an
electronic health record system. For purposes of this
subparagraph:
(i) The department shall:
(A) Within 90 days of the effective date of this
subparagraph, create a standardized form for practitioners to
submit to the department indicating that the practitioner will
not be electronically prescribing controlled substances in
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Schedule II, III, IV or V of the Controlled Substance, Drug,
Device and Cosmetic Act due to the lack of Internet access or an
electronic health record system.
(B) Provide notice of the form under clause (A) through the
Pennsylvania Bulletin and post the form on the department's
publicly accessible Internet website.
(ii) A practitioner shall be required to provide notice to
the department whenever the exception in this subparagraph no
longer applies to the practitioner.
(iii) A practitioner who provides services in an emergency
department or other health care facility shall not be required
to submit the form under subparagraph (i)(A).
(e) The department shall promulgate regulations within two
years of the effective date of this section relating to the
exceptions provided for in subsection (d).
(f) 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:
"Controlled Substance, Drug, Device and Cosmetic Act" means
the act of April 14, 1972 (P.L.233, No.64), known as "The
Controlled Substance, Drug, Device and Cosmetic Act."
"Cosmetic" means a substance, excluding soap, which is
intended:
(1) to be rubbed, poured, sprinkled or sprayed on,
introduced into or otherwise applied to the human body or other
animal body or any part thereof for cleansing, beautifying,
promoting attractiveness or altering the appearance; or
(2) for use as a component of a substance under paragraph
(1).
"Department" means the Department of Health of the
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Commonwealth.
"Practitioner" means any of the following:
(1) A physician, osteopath, dentist, veterinarian,
pharmacist, podiatrist, nurse, scientific investigator or other
person licensed, registered or otherwise permitted to
distribute, dispense, conduct research with respect to or to
administer a controlled substance, other drug or device in the
course of professional practice or research in this
Commonwealth.
(2) A pharmacy, hospital, clinic or other institution
licensed, registered or otherwise permitted to distribute,
dispense, conduct research with respect to or to administer a
controlled substance, other drug or device in the course of
professional practice or research in this Commonwealth.
"Secretary" means the Secretary of Health of the
Commonwealth.
"Ultimate user" means an individual who lawfully possesses a
controlled substance, other drug, device or cosmetic for the
individual's own use or for the use of a member of the
individual's household or for administering to an animal in the
individual's care.
Section 2. This act shall take effect in 60 days.
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