PRINTER'S NO. 3326
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2053
Session of
2015
INTRODUCED BY GAINEY, J. HARRIS, SCHWEYER, ROZZI, BULLOCK,
V. BROWN, THOMAS, O'BRIEN, McNEILL, D. COSTA, KINSEY,
EVERETT, SCHREIBER, MCCLINTON, FRANKEL, READSHAW, M. DALEY,
D. MILLER AND PHILLIPS-HILL, MAY 11, 2016
REFERRED TO COMMITTEE ON HEALTH, MAY 11, 2016
AN ACT
Amending the act of April 14, 1972 (P.L.233, No.64), entitled
"An act relating to the manufacture, sale and possession of
controlled substances, other drugs, devices and cosmetics;
conferring powers on the courts and the secretary and
Department of Health, and a newly created Pennsylvania Drug,
Device and Cosmetic Board; establishing schedules of
controlled substances; providing penalties; requiring
registration of persons engaged in the drug trade and for the
revocation or suspension of certain licenses and
registrations; and repealing an act," further providing for
definitions.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Paragraph (11) of the definition of "drug
paraphernalia" in section 2(b) of the act of April 14, 1972
(P.L.233, No.64), known as The Controlled Substance, Drug,
Device and Cosmetic Act, added December 4, 1980 (P.L.1093,
No.186), is amended to read:
Section 2. Definitions.--* * *
(b) As used in this act:
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"Drug paraphernalia" means all equipment, products and
materials of any kind which are used, intended for use or
designed for use in planting, propagating, cultivating, growing,
harvesting, manufacturing, compounding, converting, producing,
processing, preparing, testing, analyzing, packaging,
repackaging, storing, containing, concealing, injecting,
ingesting, inhaling or otherwise introducing into the human body
a controlled substance in violation of this act. It includes,
but is not limited to:
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(11) Hypodermic syringes, needles and other objects used,
intended for use, or designed for use in parenterally injected
controlled substances into the human body[.], subject to the
following:
(i) The term does not include a syringe, needle or other
object that is provided to a drug dependent person by a public
or private agency or health care provider authorized to provide
the object through a needle exchange or other program. The
authorization shall come from:
(A) the department, in consultation with the Department of
Drug and Alcohol Programs; or
(B) the municipal corporation in which the needle exchange
or other program is based, in consultation with the department
and the Department of Drug and Alcohol Programs.
(ii) The agency or provider under subparagraph (i) shall
contemporaneously provide to the drug dependent person
information regarding the treatment of drug dependency.
(iii) For purposes of this paragraph, the term "health care
provider" means an individual or health care facility that is
licensed, certified or otherwise authorized to provide health
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care under the laws of this Commonwealth. The term also includes
both of the following:
(A) An officer, employe or agent of a health care provider
acting within the scope of the person's duties and authority.
(B) A legal entity through which one or more health care
providers deliver health care, including, but not limited to, a
professional corporation, a partnership or limited liability
company.
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Section 2. This act shall take effect in 60 days.
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