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                                                      PRINTER'S NO. 1423

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 1158 Session of 2007


        INTRODUCED BY BOYD, CALTAGIRONE, CAPPELLI, CUTLER, DENLINGER,
           GEORGE, GINGRICH, HENNESSEY, HERSHEY, HICKERNELL, KILLION,
           O'NEILL, PICKETT, PYLE, RAPP, READSHAW, REICHLEY, RUBLEY,
           SAYLOR, SCAVELLO, SIPTROTH, WATSON, McILHATTAN AND FREEMAN,
           APRIL 25, 2007

        REFERRED TO COMMITTEE ON PROFESSIONAL LICENSURE, APRIL 25, 2007

                                     AN ACT

     1  Amending the act of September 27, 1961 (P.L.1700, No.699),
     2     entitled "An act relating to the regulation of the practice
     3     of pharmacy, including the sales, use and distribution of
     4     drugs and devices at retail; and amending, revising,
     5     consolidating and repealing certain laws relating thereto,"
     6     further providing for licensure; and imposing functions on
     7     the Commissioner of Professional and Occupational Affairs and
     8     the Legislative Reference Bureau.

     9     The General Assembly of the Commonwealth of Pennsylvania
    10  hereby enacts as follows:
    11     Section 1.  Section 5(a) and (b) of the act of September 27,
    12  1961 (P.L.1700, No.699), known as the Pharmacy Act, are amended
    13  by adding clauses to read:
    14     Section 5.  Refusal to Grant, Revocation and Suspension.--(a)
    15  The board shall have the power to refuse, revoke or suspend the
    16  license of any pharmacist upon proof satisfactory to it that the
    17  pharmacist:
    18     * * *
    19     (13)  Set an unreasonable fee for repackaging and relabeling


     1  pharmaceuticals in violation of a statutory provision relating
     2  to fees for providing long-term care patients access to
     3  pharmaceuticals.
     4     (b)  The board shall have the power to refuse, revoke or
     5  suspend the permit of any pharmacy upon proof satisfactory to it
     6  that:
     7     * * *
     8     (6)  The holder of the permit set an unreasonable fee for
     9  repackaging and relabeling pharmaceuticals in violation of a
    10  statutory provision relating to fees for providing long-term
    11  care patients access to pharmaceuticals.
    12     * * *
    13     Section 2.  When the Commissioner of Professional and
    14  Occupational Affairs determines that legislation providing for
    15  long-term care patient access to pharmaceuticals is in effect,
    16  the commissioner shall transmit notice of the determination to
    17  the Legislative Reference Bureau for publication in the
    18  Pennsylvania Bulletin.
    19     Section 3.  This act shall take effect as follows:
    20         (1)  The following provisions shall take effect
    21     immediately:
    22             (i)  Section 2 of this act.
    23             (ii)  This section.
    24         (2)  The remainder of this act shall take effect upon
    25     publication of the notice under section 2 of this act.




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