PRIOR PRINTER'S NOS. 3008, 3533
PRINTER'S NO. 3587
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1699
Session of
2015
INTRODUCED BY R. BROWN, COHEN, CORBIN, DAVIS, DeLUCA,
DiGIROLAMO, GINGRICH, HARHAI, HEFFLEY, KAUFER, KLUNK,
MARSHALL, MASSER, D. PARKER, READSHAW, ROTHMAN, SNYDER,
TAYLOR AND FARRY, MARCH 22, 2016
AS AMENDED ON SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES,
JUNE 21, 2016
AN ACT
Providing for limitations on the dispensing of opioid drug
products in hospital emergency departments and urgent care
centers and for duties of the Department of Health; and
imposing a penalty.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Short title.
This act shall be known and may be cited as the Safe
Emergency Prescribing Act.
Section 2. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Emergency department." An entity within a hospital that is
organizationally distinct from other outpatient facilities and
whose primary function is to provide emergency accident or
emergency medical or surgical care.
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"Health care practitioner." As defined in section 103 of the
act of July 19, 1979 (P.L.130, No.48), known as the Health Care
Facilities Act, including a practitioner who provides services
in an emergency department at a hospital or urgent care center
and is authorized to prescribe medication under the laws of this
Commonwealth.
"Hospital." As defined in section 802.1 of the Health Care
Facilities Act.
"Opioid drug product." A drug product that contains an
opioid agonist and is designated by the United States Food and
Drug Administration for the treatment of pain.
"Urgent care center." An organization or business entity
that provides outpatient treatment to patients with urgent
medical conditions, illnesses or injuries on an unscheduled
basis but that is not licensed as a hospital or an ambulatory
surgical facility.
Section 3. Prescribing practices.
(a) Limitation on quantity of opioid drug products.--A
(A) LIMITATION ON QUANTITY OF OPIOID DRUG PRODUCTS.--
(1) EXCEPT AS SET FORTH IN PARAGRAPH (2), A health care
practitioner may not prescribe an opioid drug product to an
individual seeking treatment in an emergency department or
urgent care center in a quantity sufficient to treat that
individual for more than seven days.
(2) NOTWITHSTANDING PARAGRAPH (1), IF, IN THE
PROFESSIONAL MEDICAL JUDGMENT OF A HEALTH CARE PRACTITIONER,
MORE THAN A SEVEN-DAY SUPPLY OF AN OPIOID DRUG PRODUCT IS
REQUIRED TO TREAT A PATIENT'S ACUTE MEDICAL CONDITION OR IS
NECESSARY FOR THE TREATMENT OF PAIN ASSOCIATED WITH A CANCER
DIAGNOSIS OR FOR PALLIATIVE CARE, THEN THE HEALTH CARE
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PRACTITIONER MAY ISSUE A PRESCRIPTION FOR THE QUANTITY NEEDED
TO TREAT SUCH ACUTE MEDICAL CONDITION OR PAIN ASSOCIATED WITH
A CANCER DIAGNOSIS OR FOR PALLIATIVE CARE. THE CONDITION
TRIGGERING PRESCRIPTION OF THE OPIOID DRUG PRODUCT UNDER THIS
PARAGRAPH SHALL BE DOCUMENTED IN THE PATIENT'S MEDICAL
RECORD, AND THE HEALTH CARE PRACTITIONER MUST INDICATE THAT A
NON-OPIOID DRUG PRODUCT ALTERNATIVE WAS NOT APPROPRIATE TO
TREAT THE MEDICAL CONDITION AND THAT THE HEALTH CARE
PRACTITIONER PROVIDED THE PATIENT WITH A PAIN MANAGEMENT
REFERRAL.
(b) Refills.--A health care practitioner in an emergency
department or urgent care center may not authorize the refilling
of a prescription for an opioid drug product that has been lost,
stolen or destroyed.
Section 4. Referral to treatment.
A health care practitioner shall refer an individual for
treatment if the individual is believed to be at risk for
substance abuse while seeking treatment in an emergency
department or urgent care center.
Section 5. Use of prescription drug monitoring program.
To determine whether a patient may be under treatment with an
opioid drug product by another health care practitioner, the
prescribing health care practitioner shall access the
prescription drug monitoring program in accordance with section
8 of the act of October 27, 2014 (P.L.2911, No.191), known as
the Achieving Better Care By Monitoring All Prescriptions
Program (ABC-MAP) Act. THIS SECTION SHALL NOT APPLY TO ANY
MEDICATION PROVIDED TO A PATIENT IN THE COURSE OF TREATMENT
WHILE THE PATIENT IS ADMITTED TO A HOSPITAL OR UNDER THE CARE OF
AN EMERGENCY DEPARTMENT.
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Section 6. Regulations.
The Department of Health shall promulgate regulations to
carry out this act.
Section 7. Penalty.
A health care practitioner who violates any provision of this
act commits unprofessional conduct and shall be subject to
disciplinary action under the licensure, certification,
registration or permit provisions of law and regulation
governing the respective health care practitioner.
Section 8. Effective date.
This act shall take effect in 60 days.
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