PRINTER'S NO. 365
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
353
Session of
2017
INTRODUCED BY NESBIT, MARSICO, NEILSON, CRUZ, DRISCOLL, COX,
MILLARD, HILL-EVANS, CARROLL, PHILLIPS-HILL, PICKETT,
A. HARRIS, MURT, WARD, IRVIN, GAINEY, SOLOMON, M. QUINN,
RADER, STEPHENS, WATSON, ZIMMERMAN AND DEAN, FEBRUARY 6, 2017
REFERRED TO COMMITTEE ON HEALTH, FEBRUARY 6, 2017
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
professional prescription, administration, and dispensing.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 11(a) and (b) of the act of April 14,
1972 (P.L.233, No.64), known as The Controlled Substance, Drug,
Device and Cosmetic Act, are amended to read:
Section 11. Professional Prescription, Administration, and
Dispensing.--(a) Except when dispensed or administered directly
to the patient by a practitioner or his authorized agent, other
than a pharmacist, to an ultimate user, no controlled substance
in Schedule II[,] may be dispensed without [the written] an
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
electronic prescription of a practitioner, except in emergency
situations, as prescribed by the secretary by regulation. No
prescription for a controlled substance in Schedule II may be
refilled.
(b) Except when dispensed directly by a practitioner, other
than a pharmacist, to an ultimate user, no controlled substance
in Schedule III or IV[,] may be dispensed without [a written or
oral] an electronic prescription of a practitioner, except in
emergency situations, as prescribed by the secretary by
regulation. Such prescriptions shall not be filled or refilled
more than six months after the date thereof or be refilled more
than five times after the date of the prescription unless
renewed by the practitioner.
* * *
Section 2. This act shall take effect in 60 days.
20170HB0353PN0365 - 2 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15