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PRINTER'S NO. 883
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
711
Session of
2017
INTRODUCED BY BREWSTER, FONTANA, HUGHES AND COSTA, MAY 24, 2017
REFERRED TO CONSUMER PROTECTION AND PROFESSIONAL LICENSURE,
MAY 24, 2017
AN ACT
Amending Title 35 (Health and Safety) of the Pennsylvania
Consolidated Statutes, in public safety, providing for limits
on opioid prescriptions.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 35 of the Pennsylvania Consolidated
Statutes is amended by adding a chapter to read:
CHAPTER 52B
LIMITS ON OPIOID PRESCRIPTIONS
Sec.
52B01. Definitions.
52B02. Limits on prescribing opioids.
52B03. Penalties.
§ 52B01. Definitions.
The following words and phrases when used in this chapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Controlled substance." A drug, substance or immediate
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precursor included in Schedules II, III, IV and V of section 4
of the act of April 14, 1972 (P.L.233, No.64), known as The
Controlled Substance, Drug, Device and Cosmetic Act.
"Medical emergency." A situation that in a prescriber's good
faith professional judgment creates an immediate threat of
serious risk to the life or physical health of a minor.
"Opioid." Any of the following:
(1) A preparation or derivative of opium.
(2) A synthetic narcotic that has opiate-like effects
but is not derived from opium.
(3) A group of naturally occurring peptides that bind at
or otherwise influence opiate receptors, including opioid
agonist.
"Patient." A person that is under the medical care of a
prescriber.
"Prescriber." A person that is licensed, registered or
otherwise 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 include a veterinarian.
§ 52B02. Limits on prescribing opioids.
(a) General rule.--Except as provided in subsection (b):
(1) A prescriber may not prescribe to a patient a
combination of opioids in an aggregate amount in excess of
100 morphine milligram equivalents of opioids per day.
(2) A prescriber may not prescribe to a patient, who on
the effective date of this section has an active prescription
for opioids in excess of 100 morphine milligram equivalents
of opioids per day, an opioid in an amount that would cause
the patient's total amount of opioids to exceed 300 morphine
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milligram equivalents of opioids per day. This paragraph
shall expire July 1, 2018.
(b) Exceptions.--The prescription limits in subsection (a)
shall not apply under any of the following circumstances:
(1) In the professional medical judgment of the
prescriber, the prescription of opioids in an aggregate
amount in excess of 100 morphine milligram equivalents of
opioids per day is required to stabilize a patient's acute
medical condition and the prescriber:
(i) documents the acute medical condition in the
patient's record with the prescriber; and
(ii) indicates the reason why a nonopioid
alternative is not appropriate to address the acute
medical condition.
(2) The prescription is for:
(i) management of pain associated with cancer;
(ii) use in palliative or hospice care; or
(iii) medication-assisted substance abuse treatment.
(3) The prescription is for treatment associated with or
incident to a medical emergency documented in the patient's
medical record.
§ 52B03. Penalties.
A prescriber who violates this chapter shall be subject to
administrative sanctions by the prescriber's licensing board
under applicable law.
Section 2. This act shall take effect immediately.
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