Regular Session 2019-2020 House Bill 0731 P.N. 0766

PRINTER'S NO. 766

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

731

Session of

2019

INTRODUCED BY TOPPER, DOWLING, HERSHEY, MURT, O'NEAL, SAYLOR,

WALSH AND WARNER, MARCH 6, 2019

REFERRED TO COMMITTEE ON HEALTH, MARCH 6, 2019

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 and providing for electronic tracking of

hypodermic needles and syringes.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. The definition of "real-time stop-sale system" in

section 2 of the act of April 14, 1972 (P.L.233, No.64), known

as The Controlled Substance, Drug, Device and Cosmetic Act, is

amended to read:

Section 2. Definitions.--* * *

(b) As used in this act:

* * *

"Real-time stop-sale system" means a system intended to be

used by law enforcement agencies and pharmacies or other

business establishments that:

(1) is installed, operated and maintained free of any one-

time or recurring charge to the business establishment or to the

Commonwealth;

(2) is able to communicate in real time with similar systems

operated in other states and similar systems containing

information submitted by more than one state;

(3) complies with the security policy of the Criminal

Justice Information Services Division of the Federal Bureau of

Investigation or its successor;

(4) complies with information exchange standards adopted by

the National Information Exchange Model or its successor;

(5) uses a mechanism to prevent the completion of a sale of

a product containing ephedrine or pseudoephedrine that would

violate Federal or State law regarding the purchase of a product

containing those substances; [and]

(5.1) uses a mechanism to prevent the completion of a sale

of a hypodermic needle or syringe that would violate Federal or

State law regarding the purchase of the hypodermic needle or

syringe; and

(6) is equipped with an override of the mechanism that:

(i) may be activated by an employe of a business

establishment; and

(ii) creates a record of each activation of the override.

* * *

Section 2. The act is amended by adding a section to read:

Section 13.9. Electronic Tracking of Hypodermic Needles and

Syringes.--(a) Except as provided under this section, a

retailer may not sell a hypodermic needle or syringe and an

individual may not purchase a hypodermic needle or syringe.

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(b) A practitioner may sell no more than 100 sterile

hypodermic needles or syringes to an individual who is at least

18 years of age. Hypodermic needles or syringes sold under this

subsection shall be stored at a pharmacy in a manner that limits

access to the hypodermic needles or syringes to a pharmacist

employed at the pharmacy or an individual designated by the

practitioner.

individual purchasing a hypodermic needle or syringe without a

prescription to present a valid government-issued photo

identification or other document considered acceptable

identification under Federal law. The retailer shall record all

of the following:

(1) The name and address of the purchaser.

(2) The name and quantity of the hypodermic needles or

syringes purchased.

(3) The date and time of the purchase.

(4) The purchaser's identification type and number, such as

a driver's license state and number. For the purpose of

complying with this paragraph, the retailer shall require that

the purchaser provide his or her signature in a logbook.

(d) Before completing a sale under this section, a retailer

shall electronically submit the information recorded under

subsection (c) to the real-time stop-sale system administered by

the department if the real-time stop-sale system is available

without a charge for the retailer to access. Except for

negligence, wantonness, recklessness or deliberate misconduct, a

retailer using the real-time stop-sale system in accordance with

this subsection shall not be civilly liable as a result of any

act or omission in carrying out the duties required by this

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subsection. A retailer shall be immune from liability to a third

party unless the retailer has violated the provisions of this

subsection in relation to a claim brought for the violation.

(e) If a retailer selling a hypodermic needle or syringe to

an individual without a prescription experiences a mechanical or

electronic failure of the real-time stop-sale system and is

unable to comply with subsection (d), the retailer shall

maintain a written log or an alternative electronic

recordkeeping mechanism until the retailer is able to comply

with subsection (d). A retailer that does not have Internet

access to the real-time stop-sale system shall be in compliance

with the requirements under this section if the retailer

maintains a written log or an alternative recordkeeping

mechanism.

(f) The vendor of the real-time stop-sale system shall

forward State transaction records under this section in the

real-time stop-sale system to the department weekly and provide

real-time access to the real-time stop-sale system information

through the real-time stop-sale system's online portal to law

enforcement in this Commonwealth as authorized by the

department.

(g) The department shall collaborate with the vendor of the

real-time stop-sale system to ensure that the real-time stop-

sale system is capable of generating a stop-sale alert. A stop-

sale alert shall be a notification that completion of the sale

would result in a retailer or purchaser violating the quantity

limits under subsection (b). A retailer shall not complete the

sale if the real-time stop-sale system generates a stop-sale

alert. The department shall collaborate with the vendor of the

real-time stop-sale system to ensure that the real-time stop-

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sale system contains an override function that may be used by a

retailer who has a reasonable fear of imminent bodily harm if

the retailer does not complete a sale of a hypodermic needle or

syringe. The vendor of the real-time stop-sale system shall log

each instance in which the override function is used by a

retailer.

(h) A retailer who violates this section commits a

misdemeanor of the third degree and may only be punishable by

fine.

(i) This section shall not apply to an individual who

obtains a hypodermic needle or syringe with a valid

prescription.

(j) This section shall supersede any other laws or

regulations governing the sales of hypodermic needles or

syringes without a prescription.

Section 3. This act shall take effect in 60 days.

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