SENATE AMENDED
PRIOR PRINTER'S NOS. 1478, 1913 PRINTER'S NO. 2830
No. 1285 Session of 1989
INTRODUCED BY J. H. CLARK, CALTAGIRONE, MOEHLMANN, ALLEN,
ANGSTADT, ARGALL, BELARDI, BIRMELIN, BLAUM, BOYES, BUSH,
CAWLEY, CESSAR, CHADWICK, D. F. CLARK, CLYMER, COLAIZZO,
CORNELL, COWELL, DAVIES, DeLUCA, DEMPSEY, DIETTERICK,
DISTLER, DOMBROWSKI, DORR, FEE, FOX, GEIST, GIGLIOTTI,
GODSHALL, GRUPPO, HAGARTY, HALUSKA, HAYDEN, HAYES, HERMAN,
HOWLETT, JACKSON, JADLOWIEC, KASUNIC, KOSINSKI, LaGROTTA,
LASHINGER, LLOYD, MAIALE, MARKOSEK, MARSICO, McVERRY, MELIO,
MERRY, MICOZZIE, MILLER, MORRIS, MRKONIC, NAHILL, NAILOR,
PICCOLA, PITTS, PRESSMANN, RAYMOND, ROBBINS, ROBINSON,
SAURMAN, SCHEETZ, SEMMEL, SERAFINI, S. H. SMITH,
D. W. SNYDER, STABACK, STEIGHNER, STUBAN, TANGRETTI,
E. Z. TAYLOR, TIGUE, TRELLO, WAMBACH, WESTON, WOGAN,
J. L. WRIGHT, BURD, O'BRIEN, F. TAYLOR, NOYE, FLICK, BARLEY,
STISH AND BROUJOS, APRIL 24, 1989
SENATOR PETERSON, PUBLIC HEALTH AND WELFARE, IN SENATE, AS
AMENDED, DECEMBER 5, 1989
AN ACT
1 Providing for the registration and reporting of certain
2 noncontrolled substances; imposing additional powers and
3 duties on the Secretary of Health; and fixing penalties.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Short title.
7 This act shall be known and may be cited as the Noncontrolled
8 Substances Reporting and Registration Act.
9 SECTION 2. DEFINITIONS. <--
10 THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS ACT SHALL
11 HAVE THE MEANINGS GIVEN TO THEM IN THIS SECTION UNLESS THE
1 CONTEXT CLEARLY INDICATES OTHERWISE:
2 "SUBSTANCE." INCLUDES A SALT OR ISOMER.
3 Section 2 3. Chemicals subject to registration. <--
4 (a) Specific chemicals.--The following substances, salts and
5 isomers shall be subject to the provisions of this act:
6 (1) Phenyl-2-propanone.
7 (2) Methylamine.
8 (3) Ethylamine.
9 (4) D-lysergic acid.
10 (5) Ergotamine.
11 (6) Diethyl malonate.
12 (7) Malonic acid.
13 (8) Ethyl malonate.
14 (9) Barbituric acid.
15 (10) Piperidine cyclohexane carbonitrite.
16 (11) N-acetylanthranilic acid.
17 (12) Pyrrolidine.
18 (13) Phenylacetic acid.
19 (14) Anthranilic acid.
20 (15) Morpholine.
21 (16) Ephedrine.
22 (17) Pseudoephedrine.
23 (18) Norpseudoephedrine.
24 (19) Phenylpropanolamine.
25 (20) Propionic anhydride.
26 (21) Isosafrole.
27 (22) Safrole.
28 (23) Piperonal.
29 (24) Thionylchloride.
30 (25) Benzyl cyanide.
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1 (26) Ergonovine.
2 (27) N-methylephedrine.
3 (28) N-ethylephedrine.
4 (29) N-methylpseudoephedrine.
5 (30) N-ethylpseudoephedrine.
6 (31) Chloroephedrine.
7 (32) Chloropseudoephedrine.
8 (b) Additional chemicals.--The Secretary of Health is hereby
9 empowered to add to the list of substances enumerated in this
10 subsection (a) any substance he believes is being used or could
11 be used in the illegal manufacture of controlled substances or
12 in the illegal sale of controlled substances. Notice of such
13 addition shall be sent to every person engaged in the sale or
14 distribution of such substances known to the Secretary of
15 Health.
16 Section 3. Registration of sellers and distributors. <--
17 SECTION 4. REGISTRATION. <--
18 (A) GENERAL RULE.--Any manufacturer, wholesaler, retailer or
19 other person who is engaged in the sale, distribution, transfer
20 or furnishing of any substance covered by this act shall
21 register with the Secretary of Health. He shall maintain
22 updated, complete and accurate information with the secretary,
23 which shall include the following:
24 (1) The full name of the person or firm, his address
25 (other than a post office box number), telephone number and
26 all addresses of subsidiary or field offices or locations of
27 operations.
28 (2) The full name, address (other than a post office box
29 number), telephone number and occupation of all owners of a
30 firm covered by this act.
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1 (3) The name, address and telephone number of any
2 subsidiary and field locations of operations of a firm under
3 paragraph (2).
4 (4) Any other information required by the secretary.
5 Section 4. Records of sales or distributions. <--
6 (B) EXCEPTIONS.--THE REQUIREMENTS OF THIS SECTION SHALL NOT <--
7 APPLY TO:
8 (1) ANY PHARMACIST OR OTHER AUTHORIZED PERSON WHO SELLS
9 OR FURNISHES A SUBSTANCE, SALT OR ISOMER UPON THE
10 PRESCRIPTION OF A PHYSICIAN, DENTIST, PODIATRIST OR
11 VETERINARIAN.
12 (2) ANY PHYSICIAN, DENTIST, PODIATRIST OR VETERINARIAN
13 WHO ADMINISTERS OR FURNISHES A SUBSTANCE, SALT OR ISOMER TO
14 HIS OR HER PATIENTS AS PART OF THEIR REGULAR MEDICAL
15 TREATMENT.
16 (3) ANY MANUFACTURER OR WHOLESALER LICENSED BY THE
17 DEPARTMENT OF HEALTH WHO SELLS, TRANSFERS OR OTHERWISE
18 FURNISHES A SUBSTANCE, SALT OR ISOMER TO A LICENSED PHARMACY,
19 PHYSICIAN, DENTIST, PODIATRIST OR VETERINARIAN IN THE USUAL
20 COURSE OF BUSINESS.
21 (4) ANY SALE, TRANSFER, FURNISHING OR RECEIPT OF ANY
22 DRUG WHICH CONTAINS ANY SUBSTANCE, SALT OR ISOMER WHICH IS
23 LAWFULLY SOLD, TRANSFERRED OR FURNISHED OVER THE COUNTER
24 WITHOUT A PRESCRIPTION PURSUANT TO THE FEDERAL FOOD, DRUG AND
25 COSMETIC ACT (52 STAT. 1040, 21 U.S.C. SECTION 301 ET SEQ.)
26 OR REGULATIONS ADOPTED THEREUNDER.
27 SECTION 5. RECORDS.
28 (a) General rule.--Any manufacturer, wholesaler, retailer or
29 other person shall, prior to selling, distributing, transferring
30 or otherwise furnishing any substance specified in section 2 3, <--
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1 record the following information:
2 (1) The purchaser's motor vehicle operator's license
3 which contains a photograph of the purchaser.
4 (2) The residential mailing address of the purchaser,
5 other than a post office box number.
6 (3) The motor vehicle license number of any motor
7 vehicle owned or operated by the purchaser.
8 (4) A letter of authorization from the business for
9 which any substance specified in section 2 3 is being <--
10 furnished, which includes the business license number and
11 address of the business, a full description of how the
12 substance is to be used and the signature of the purchaser.
13 (5) The date, time, location, quantity and price of the
14 substance.
15 (6) The manner of payment. For purchases made with
16 check, money order or bank draft, the name and address of the
17 financial institution on the check, money order or draft and
18 its number, the name and address of the signer, the date of
19 issuance and other identifying data.
20 (b) Exceptions.--The requirements of this section shall not
21 apply to:
22 (1) Any pharmacist or other authorized person who sells
23 or furnishes a substance upon the prescription of a
24 physician, dentist, podiatrist or veterinarian.
25 (2) Any physician, dentist, podiatrist or veterinarian
26 who administers or furnishes a substance to his or her
27 patients as part of their regular medical treatment.
28 (3) Any manufacturer or wholesaler licensed by the
29 Department of Health who sells, transfers or otherwise
30 furnishes a substance to a licensed pharmacy, physician,
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1 dentist, podiatrist or veterinarian in the usual course of
2 business.
3 (4) Any sale, transfer, furnishing or receipt of any
4 drug which contains any substance which is lawfully sold,
5 transferred or furnished over the counter without a
6 prescription pursuant to the Federal Food, Drug, and Cosmetic
7 Act (52 Stat. 1040, 21 U.S.C. § 301 et seq.) or regulations
8 adopted thereunder.
9 Section 5 6. Records of purchases. <--
10 The manufacturer, wholesaler, retailer or other person shall
11 include in the records required by this act the full name,
12 address, telephone number and occupation of the person from whom
13 the substances were acquired and the person involved in the
14 storage and distribution of the substances.
15 Section 6 7. Reports. <--
16 (a) Availability.--A person regulated by this act shall make
17 available, to any Federal, State or local law enforcement agency
18 and personnel, the records required to be kept by him.
19 (b) Transmission of reports.--A person regulated by this act
20 shall send, quarter-annually to the Secretary of Health and the
21 Office of Attorney General, a complete report containing the
22 information required by sections 4 and 5.
23 (c) Use of reports.--A Federal, State or local law
24 enforcement agency may not use information obtained pursuant to
25 this act for purposes other than the investigation of possible
26 criminal conduct.
27 Section 7 8. Penalty. <--
28 (a) False information.--A person who provides false
29 information to a seller or distributor under this act UNDER THIS <--
30 ACT TO A MANUFACTURER, WHOLESALER, RETAILER OR OTHER PERSON
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1 commits a misdemeanor of the first degree and shall, upon
2 conviction, be sentenced to pay a fine of not less than $1,000
3 and not more than $25,000 or to imprisonment for not more than
4 five years, or both.
5 (b) Seller or distributor violation.--A seller or <--
6 distributor
7 (B) OTHER VIOLATIONS.--A MANUFACTURER, WHOLESALER, RETAILER <--
8 OR OTHER PERSON who violates this act commits a misdemeanor of
9 the third degree and shall, upon conviction, be sentenced to pay
10 a fine of not less than $500 and not more than $5,000 or to
11 imprisonment for not more than three years, or both.
12 (c) Wrongful use of reports.--A person who violates section
13 6(c) commits a summary offense and shall, upon conviction, be
14 sentenced to pay a fine of not less than $300 and not more than
15 $1,000 or to imprisonment for not more than 90 days, or both.
16 Section 8 9. Effective date. <--
17 This act shall take effect in 90 days.
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