PRINTER'S NO. 2716
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1923
Session of
2017
INTRODUCED BY GAINEY, THOMAS, KINSEY, DRISCOLL, CALTAGIRONE,
WARREN, WATSON, COX, SCHWEYER, KORTZ AND PASHINSKI,
NOVEMBER 16, 2017
REFERRED TO COMMITTEE ON HEALTH, NOVEMBER 16, 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
definitions, for powers and duties of board, for
establishment of program and for requirements for dispensers
and pharmacies.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The definitions of "dispenser" and "prescriber"
in section 3 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, are amended and the section
is amended by adding definitions to read:
Section 3. 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:
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"Dispenser." A person lawfully authorized to dispense in
this Commonwealth, including mail order and Internet sales of
pharmaceuticals. The term shall include a veterinarian. The term
does not include any of the following:
(1) A licensed health care facility that distributes the
controlled substance for the purpose of administration in the
licensed health care facility.
(2) A correctional facility or its contractors if the
confined person cannot lawfully visit a prescriber outside
the correctional facility without being escorted by a
corrections officer.
(3) An authorized person who administers a controlled
substance, other drug or device.
(4) A wholesale distributor of a controlled substance.
(5) A licensed provider in the LIFE program.
(6) A provider of hospice as defined in the act of July
19, 1979 (P.L.130, No.48), known as the Health Care
Facilities Act.
(7) A prescriber at a licensed health care facility if
the quantity of controlled substances dispensed is limited to
an amount adequate to treat the patient for a maximum of five
days and does not allow for a refill.
[(8) A veterinarian.]
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"Patient." The person or animal who is the ultimate user of
a controlled substance for whom a lawful prescription is issued
and for whom a controlled substance is lawfully dispensed or
administered.
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"Prescriber." A person who is licensed, registered or
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otherwise lawfully authorized to distribute, dispense or
administer a controlled substance, other drug or device in the
course of professional practice or research in this
Commonwealth. The term [does not] shall include a veterinarian.
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"Ultimate user." A person who lawfully possesses a
controlled substance for:
(1) the person's own use;
(2) the use of a member of the person's household; or
(3) the administration to an animal owned by a person or
by a member of the person's household.
"Universal claim form" or "form." The paper form developed
by the department for use by dispensers who lack Internet access
or the electronic capability to enter information regarding
prescriptions for controlled substances into the system.
"Veterinarian." A licensed doctor of veterinary medicine as
the term is defined in the act of December 27, 1974 (P.L.995,
No.326), known as the Veterinary Medicine Practice Act.
"Veterinary medicine." The term shall have the meaning given
to it in the act of December 27, 1974 (P.L.995, No.326), known
as the Veterinary Medicine Practice Act.
Section 2. Section 5(5) of the act is amended by adding a
subparagraph and the section is amended by adding a paragraph to
read:
Section 5. Powers and duties of board.
The board shall have the following powers and duties:
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(5) Develop policies and procedures to:
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(xvii) Govern the use and submission of a universal
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claim form by veterinarians.
(6) Authorize the use of the universal claim form by
veterinarians who lack Internet access or who do not have the
electronic capability to submit information regarding
prescriptions for controlled substances into the system. The
board shall consult with the Pennsylvania State Board of
Veterinary Medicine to make modifications to the universal
claim form as may be deemed necessary and appropriate to
facilitate the use of the form to monitor and track the
dispensing of veterinary controlled substances.
Section 3. Section 6(b) of the act is amended by adding a
paragraph to read:
Section 6. Establishment of program.
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(b) Program components.--The program shall:
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(6) Provide for the use of a universal claim form by
veterinarians who lack Internet access or who may not have
the electronic capability to make submissions of information
relating to veterinary controlled substances into the system
in accordance with section 7(a).
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Section 4. Section 7 of the act is amended by adding a
subsection to read:
Section 7. Requirements for dispensers and pharmacies.
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(b.1) Additional data elements.--In the case of a controlled
substance dispensed for administration to an animal, a dispenser
or pharmacy shall provide the following information:
(1) The full name of the prescriber.
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(2) The prescriber's Drug Enforcement Agency (DEA)
registration number.
(3) The DEA registration number and National Provider
Identifier of the dispenser or pharmacy.
(4) The National Drug Code.
(5) The quantity and days' supply of the controlled
substance.
(6) The date the prescription was written, issued or
otherwise dispensed.
(7) The full name and address of the owner or caretaker
of the animal.
(8) Identification of the animal by the last name of the
owner and the first name of the animal.
(9) The date of birth of the animal, if known. If the
date of birth is unknown, the animal's approximate year of
birth.
(10) The species and gender of the animal.
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Section 5. This act shall take effect immediately.
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