PRIOR PRINTER'S NO. 408
PRINTER'S NO. 1052
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
396
Session of
2017
INTRODUCED BY DiGIROLAMO, PICKETT, DRISCOLL, SNYDER, TAYLOR,
STURLA, O'NEILL, O'BRIEN, MURT, JAMES, KINSEY, TOOHIL,
LONGIETTI, HEFFLEY, BOBACK, GALLOWAY, D. MILLER, MILLARD,
DOWLING, STAATS, A. HARRIS, GAINEY, DAVIS, KAVULICH, McNEILL,
NELSON, READSHAW, CALTAGIRONE, KORTZ, NEILSON, ROZZI, WATSON
AND CRUZ, FEBRUARY 8, 2017
AS REPORTED FROM COMMITTEE ON HUMAN SERVICES, HOUSE OF
REPRESENTATIVES, AS AMENDED, MARCH 22, 2017
AN ACT
Amending the act of October 27, 2014 (P.L.2911, No.191),
entitled "An act providing for prescription drug monitoring;
creating the ABC-MAP Board; establishing the Achieving Better
Care by Monitoring All Prescriptions Program; and providing
for unlawful acts and penalties," further providing for
requirements for prescribers.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 8(a) and (b) 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, amended
November 2, 2016 (P.L.980, No.124), are amended to read:
SECTION 1. SECTION 8(A), (A.1) AND (B) 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, AMENDED
OR ADDED NOVEMBER 2, 2016 (P.L.980, NO.124), ARE AMENDED TO
READ:
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Section 8. Requirements for prescribers.
(a) System query.--A prescriber shall query the system[:
(1) for each patient the first time the patient is
prescribed a controlled substance by the prescriber for
purposes of establishing a baseline and a thorough medical
record;
(2) if a prescriber believes or has reason to believe,
using sound clinical judgment, that a patient may be abusing
or diverting drugs; or
(3) each time a patient is prescribed an opioid drug
product or benzodiazepine by the prescriber] for each patient
every time the patient is prescribed a controlled substance
by the prescriber.
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(A.1) QUERY NOT REQUIRED.--IF A PATIENT HAS BEEN ADMITTED TO
A LICENSED HEALTH CARE FACILITY [OR], IS IN OBSERVATION STATUS
IN A LICENSED HEALTH CARE FACILITY OR IS UNDER THE CARE OF A
HOSPICE, AS DEFINED IN SECTION 802.1 OF THE ACT OF JULY 19, 1979
(P.L.130, NO.48), KNOWN AS THE HEALTH CARE FACILITIES ACT, THE
PRESCRIBER DOES NOT NEED TO QUERY THE SYSTEM AFTER THE INITIAL
QUERY UNDER SUBSECTION (A)(1) AS LONG AS THE PATIENT REMAINS
ADMITTED TO THE LICENSED HEALTH CARE FACILITY [OR], REMAINS IN
OBSERVATION STATUS IN A LICENSED HEALTH CARE FACILITY OR REMAINS
UNDER THE CARE OF A HOSPICE.
(b) Medical record entries.--A prescriber shall indicate the
information obtained from the system in the patient's medical
record if[:
(1) the individual is a new patient; or
(2)] the prescriber determines a drug should not be
prescribed or furnished to a patient based upon the
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information from the system.
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Section 2. This act shall take effect in 60 days.
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