1Amending the act of September 27, 1961 (P.L.1700, No.699),
2entitled "An act relating to the regulation of the practice
3of pharmacy, including the sales, use and distribution of
4drugs and devices at retail; and amending, revising,
5consolidating and repealing certain laws relating thereto,"
6providing for nonresident pharmacies.

7The General Assembly of the Commonwealth of Pennsylvania
8hereby enacts as follows:

9Section 1. Section 2 of the act of September 27, 1961
10(P.L.1700, No.699), known as the Pharmacy Act, is amended by
11adding a clause to read:

12Section 2. Definitions.--As used in this act:

13* * *

14(19) "Nonresident pharmacy" means any pharmacy located
15outside this Commonwealth which ships, mails or delivers, in any
16manner, legend devices or legend drugs into this Commonwealth
17pursuant to a prescription order.

18Section 2. The act is amended by adding a section to read:

1Section 4.1. Nonresident Pharmacies.--(a) A nonresident
2pharmacy shall register with the board and obtain a certificate
3of registration to conduct a pharmacy in accordance with this
4section. The nonresident pharmacy shall:

5(1) Disclose annually in a report to the board the location,
6names and titles of all principal corporate officers, if
7applicable, and all pharmacists that are dispensing drugs or
8devices to residents of this Commonwealth. A nonresident
9pharmacy shall file an additional report within thirty days
10after any change of office, corporate officer or pharmacist.

11(2) Submit a statement that the nonresident pharmacy
12complies with all lawful directions and requests for information
13from the regulatory or licensing agency of the state in which it
14is licensed as well as complies with all requests for
15information made by the board pursuant to this section.

16(3) Maintain at all times, a valid unexpired license, permit
17or registration to conduct the pharmacy in compliance with the
18laws of the state in which the nonresident pharmacy is located.

19(4) Before receiving a certificate of registration from the
20board, submit a copy of the most recent inspection report
21resulting from an inspection conducted by the regulatory or
22licensing agency of the state in which the nonresident pharmacy
23is located.

24(b) A nonresident pharmacy shall, during its regular hours
25of operation, but not less than six days per week, and for a
26minimum of forty hours per week, provide a toll-free telephone
27number to facilitate communication between patients in this
28Commonwealth and a pharmacist at the nonresident pharmacy who
29has access to the patient's records. The toll-free telephone
30number shall be disclosed on a label affixed to each container

1of drugs dispensed to patients in this Commonwealth.

2(c) A nonresident pharmacy may not engage in the business of
3shipping, mailing or delivering legend devices or legend drugs
4in this Commonwealth unless the nonresident pharmacy has been
5issued a certificate of registration by the board and has paid
6the fee established by the board by regulation for issuance or
7renewal of the certificate of registration. Applications for a
8certificate of registration as a nonresident pharmacy shall be
9made on a form furnished by the board. The board may require the
10information it deems reasonably necessary to carry out the
11purpose of this section.

12(d) The board may deny, revoke or suspend any certificate of
13registration as a nonresident pharmacy for failure to comply
14with any requirement of this section.

15(e) The board may deny, revoke or suspend any certificate of
16registration as a nonresident pharmacy for conduct which causes
17serious bodily or serious psychological injury to a resident of
18this Commonwealth if the board has referred the matter to the
19regulatory or licensing agency in the state in which the
20nonresident pharmacy is located and the regulatory or licensing
21agency fails to:

22(1) Initiate an investigation within forty-five days of
23referral;

24(2) Complete its investigation within one hundred twenty
25days of referral;

26(3) Resolve the referral through formal agreement,
27settlement or decision within one hundred eighty days; or

28(4) Initiate disciplinary proceedings when the proceedings
29are determined to be necessary in the judgment of the regulatory
30or licensing agency in the state in which the nonresident

1pharmacy is located.

2(f) It shall be unlawful for any nonresident pharmacy which
3has not been issued a certificate of registration pursuant to
4this section to advertise its services in this Commonwealth, or
5for any person who is a resident of this Commonwealth to
6advertise the pharmacy services of a nonresident pharmacy which
7has not received a certificate of registration from the board,
8with the knowledge that the advertisement will or is likely to
9induce members of the public in this Commonwealth to use the
10pharmacy for dispensing prescriptions.

11Section 3. This act shall take effect in 60 days.