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. Section 4 of the act is amended by adding a

1subsection to read:

2Section 4. Permit to Conduct a Pharmacy.--* * *

3(k) Every pharmacy that is also licensed, permitted or
4registered by the proper licensing authority of another state to
5ship, mail or deliver legend devices or legend drugs to patients
6in that state shall report this information to the board on the
7biennial registration. Any disciplinary action taken in other
8states shall be reported to the board within thirty days of
9final disposition. A nonresident license, permit or registration
10shall be noted by the board on the pharmacy's record, and the
11state shall be notified by the board of any disciplinary action
12taken against the pharmacy in this Commonwealth.

13Section <-2 3. The act is amended by adding a section to read:

14Section 4.1. Nonresident Pharmacies.--(a) A nonresident
15pharmacy shall register <-on a biennial basis with the board and
16obtain a certificate of registration to conduct a pharmacy in
17accordance with this section. The nonresident pharmacy shall:

18(1) Disclose <-annually in a report to the board on the
19initial and renewal registration applications the location,
20names and titles of all principal corporate officers, if
21applicable, and <-all pharmacists that are dispensing drugs or
22devices to residents of this Commonwealth <-the pharmacist in
23charge. A nonresident pharmacy shall <-file an additional report
24to the board within thirty days after any change of <-office,
25corporate officer or pharmacist <-location or pharmacist in
26charge.

27(2) Submit a statement that the nonresident pharmacy
28complies with all lawful directions and requests for information
29from the regulatory or licensing agency of the state in which it
30is licensed as well as complies with all requests for

1information made by the board pursuant to this section.

2(3) Maintain at all times, a valid unexpired license, permit
3or registration to conduct the pharmacy in compliance with the
4laws of the state in which the nonresident pharmacy is located.

5(4) Before receiving a certificate of registration from the
6board, submit a copy of the most recent inspection report
7resulting from an inspection conducted by the regulatory or
8licensing agency of the state in which the nonresident pharmacy
9is located <-or by the National Association of Boards of 
10Pharmacy's Verified Pharmacy Program.

11(b) A nonresident pharmacy shall, during its regular hours
12of operation, but not less than six days per week, and for a
13minimum of forty hours per week, provide a toll-free telephone
14number to facilitate communication between patients in this
15Commonwealth and a pharmacist <-at the nonresident pharmacy who is
16licensed in this Commonwealth or in the state in which the
17nonresident pharmacy is located and who has access to the
18patient's records. The toll-free telephone number shall be
19disclosed on a label affixed to each container of drugs
20dispensed to patients in this Commonwealth.

<-21(c) A nonresident pharmacy shall report to the board within
22thirty days of final disposition any disciplinary action taken
23by the regulatory or licensing agency of the state in which the
24nonresident pharmacy is located.

<-25(c) (d) A nonresident pharmacy may not engage in the
26business of shipping, mailing or delivering legend devices or
27legend drugs in this Commonwealth unless the nonresident
28pharmacy has been issued a certificate of registration by the
29board and has paid the fee established by the board by
30regulation for issuance or renewal of the certificate of

1registration. Applications for a certificate of registration <-or
2renewal as a nonresident pharmacy shall be made on a form
3furnished by the board. The board may require the information it
4deems reasonably necessary to carry out the purpose of this
5section.

<-6(d) (e) The board may deny, revoke or suspend any
7certificate of registration as a nonresident pharmacy for
8failure to comply with any requirement of this section.

<-9(e) (f) The board may deny, revoke or suspend any
10certificate of registration as a nonresident pharmacy for
11conduct which causes serious bodily or serious psychological
12injury to a resident of this Commonwealth <-if provided that the
13board has referred the matter to the regulatory or licensing
14agency in the state in which the nonresident pharmacy is
15located. <-and the regulatory or licensing agency fails to:

16(1) Initiate an investigation within forty-five days of
17referral;

18(2) Complete its investigation within one hundred twenty
19days of referral;

20(3) Resolve the referral through formal agreement,
21settlement or decision within one hundred eighty days; or

22(4) Initiate disciplinary proceedings when the proceedings
23are determined to be necessary in the judgment of the regulatory
24or licensing agency in the state in which the nonresident
25pharmacy is located.

<-26(g) The board may deny, revoke or suspend any certificate of
27registration as a nonresident pharmacy upon proof satisfactory
28to the board that the nonresident pharmacy has had its permit to
29conduct a pharmacy suspended, revoked or otherwise disciplined
30by the proper licensing authority of another state.

<-1(f) (h) It shall be unlawful for any nonresident pharmacy
2which has not been issued a certificate of registration pursuant
3to this section to advertise its services in this Commonwealth,
4or for any person who is a resident of this Commonwealth to
5advertise the pharmacy services of a nonresident pharmacy which
6has not received a certificate of registration from the board,
7with the knowledge that the advertisement will or is likely to
8induce members of the public in this Commonwealth to use the
9pharmacy for dispensing prescriptions.

<-10Section 4. Section 5(b) of the act is amended by adding a
11clause to read:

12Section 5. Refusal to Grant, Revocation and Suspension.--* *
13*

14(b) The board shall have the power to refuse, revoke or
15suspend the permit of any pharmacy upon proof satisfactory to it
16that:

17* * *

18(7) The pharmacy's license, permit or registration to
19conduct a pharmacy or a nonresident pharmacy issued by the
20proper licensing authority of another state has been revoked,
21suspended or otherwise disciplined.

22* * *

23Section <-3 5. This act shall take effect in 60 days.