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PRINTER'S NO. 1780
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1005
Session of
2021
INTRODUCED BY COX, HEFFLEY, JAMES, KINSEY, LEWIS DELROSSO,
MILLARD, NEILSON, STRUZZI AND ZIMMERMAN, JUNE 11, 2021
REFERRED TO COMMITTEE ON HEALTH, JUNE 11, 2021
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
purpose, for definitions, for powers and duties of board and
for establishment of program; providing for requirements for
first responder agencies and hospital emergency departments;
and further providing for access to prescription information.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 2 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, is amended
to read:
Section 2. Purpose.
This act is intended to increase the quality of patient care
by giving prescribers and dispensers access to a patient's
prescription medication history, including, but not limited to,
any history of a drug-related overdose event , through an
electronic system that will alert medical professionals to
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potential dangers for purposes of making treatment
determinations. The act further intends that patients will have
a thorough and easily obtainable record of their prescriptions
for purposes of making educated and thoughtful health care
decisions. Additionally, the act seeks to aid regulatory and law
enforcement agencies in the detection and prevention of fraud,
drug abuse and the criminal diversion of controlled substances.
Section 2. Section 3 of the act 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:
* * *
"Drug-related overdose event." An incidence of a physical
state resulting from intentionally or unintentionally consuming
or administering a toxic or otherwise harmful level of
prescription medication or controlled substance that may be
suspected by any of the following:
(1) An observation of symptoms requiring an emergency
medical response.
(2) A clinical suspicion of a drug overdose.
"First responder." A firefighter, law enforcement officer or
emergency medical services provider.
"First responder agency." A Federal, State, local
governmental or nongovernmental agency that employs first
responders. The term includes an emergency medical services
agency as defined in 35 Pa.C.S. § 8103 (relating to
definitions).
* * *
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"Single county authority." An agency designated to plan and
coordinate drug and alcohol prevention, intervention and
treatment services for a geographic area, which may consist of
one or more counties, and to administer the provisions of such
services funded through the agency.
* * *
Section 3. Section 5(5)(v) of the act is amended and the
paragraph is amended by adding subparagraphs to read:
Section 5. Powers and duties of board.
The board shall have the following powers and duties:
* * *
(5) Develop policies and procedures to:
* * *
(v) Aid prescribers and first responders in
identifying at-risk individuals and referring them to
single county authorities, drug addiction treatment
professionals and programs.
(v.1) Aid prescribers and first responders in
identifying individuals with a history of drug-related
overdose events, in order to provide alternative
treatment options.
* * *
(xvii) Identify additional medications that could
assist prescribers in making treatment options for
patients who are at risk for a substance use disorder.
Section 4. Section 6(b)(1) of the act is amended and the
subsection is amended by adding paragraphs to read:
Section 6. Establishment of program.
* * *
(b) Program components.--The program shall:
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(1) Provide an electronic system of controlled
substances prescribed and dispensed in this Commonwealth and
of drug-related overdose events that occurred in this
Commonwealth.
* * *
(6) Establish a protocol for hospital emergency
departments and first responder agencies to ensure data
submitted to the system with respect to drug-related overdose
events is not duplicative.
(7) Provide drug-related overdose death event
information, including any drugs that contributed to the
overdose, on the patient's program record.
* * *
Section 5. The act is amended by adding a section to read:
Section 7.1. Requirements for first responder agencies and
hospital emergency departments.
(a) Submission.--A first responder agency or hospital
emergency department shall, in the format determined by the
department, electronically submit drug-related overdose event
information to the department.
(b) Data elements.--All of the following information that is
available and reasonably able to be identified during a review
of the individual's medical records shall be provided by a first
responder agency or hospital emergency department:
(1) The full name, date of birth, gender and address of
the individual who experienced a drug-related overdose event.
(2) The date and time of the drug-related overdose
event.
(3) The address where the individual was picked up or
where the drug-related overdose event took place.
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(4) Whether an emergency opioid antagonist was
administered to the individual.
(5) The location where the emergency opioid antagonist
was administered, if available.
(6) The amount of emergency opioid antagonist
administered, if available.
(7) Whether the drug-related overdose event resulted in
death.
(8) The suspected or confirmed drug involved in the
drug-related overdose event.
(c) Frequency.--A first responder agency or hospital
emergency department shall submit all information required under
subsection (b) to the program no later than 14 days after the
completion of the acute episode of care.
(d) Definition.--As used in this section, the term
"emergency opioid antagonist" means a medication approved by the
United States Food and Drug Administration to reverse the
effects of an opioid drug product.
Section 6. Section 9 heading and (b)(3) and (13) of the act,
amended February 12, 2020 (P.L. 23, No.8), are amended to read:
Section 9. Access to prescription information and drug-related
overdose event information.
* * *
(b) Authorized users.--The following individuals may query
the system according to procedures determined by the board and
with the following limitations:
* * *
(3) (i) The Office of Attorney General shall query the
system on behalf of all law enforcement agencies,
including, but not limited to, the Office of the Attorney
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General and Federal, State and local law enforcement
agencies for:
(A) Schedule II controlled substances as
indicated in the act of April 14, 1972 (P.L.233,
No.64), known as The Controlled Substance, Drug,
Device and Cosmetic Act, and in the manner determined
by the Pennsylvania Attorney General pursuant to 28
Pa. Code § 25.131 (relating to every dispensing
practitioner);
(B) all other schedules upon receipt of a court
order obtained by the requesting law enforcement
agency. Upon receipt of a motion under this clause,
the court may enter an ex parte order granting the
motion if the law enforcement agency has demonstrated
by a preponderance of the evidence that:
(I) the motion pertains to a person who is
the subject of an active criminal investigation
with a reasonable likelihood of securing an
arrest or prosecution in the foreseeable future;
and
(II) there is reasonable suspicion that a
criminal act has occurred.
(ii) Data obtained by a law enforcement agency under
this paragraph shall only be used to establish probable
cause to obtain a search warrant or arrest warrant.
(iii) Requests made to the Office of Attorney
General to query the system under this paragraph shall be
made in a form or manner prescribed by the Office of
Attorney General and shall include the court order, when
applicable. Each individual designee of the Office of
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Attorney General shall have a unique identifier when
accessing the system.
(iv) The Office of Attorney General shall not query
the system for information regarding a drug-related
overdose event.
* * *
(13) (i) An authorized employee of a county or
municipal health department or the Department of Health
of the Commonwealth may [have access to data from] query
the system if the employee has a unique identifier when
accessing the system and the employee accesses the system
for any of the following purposes:
(A) Developing education programs or public
health interventions relating to specific prescribing
practices, controlled substances and the prevention
of fraud and abuse.
(B) Conducting analyses on prescribing trends in
their respective jurisdictions.
(C) Identifying at-risk individuals for the
purpose of connecting them with addiction specialists
and programs, including single county authorities.
(D) Compiling epidemiological data to ensure the
security of the system when an authorized employee of
a county or municipal health department accesses the
system.
(ii) For purposes of subparagraph (i)(A), a county
or municipal health department shall implement
appropriate technical and physical safeguards to ensure
the privacy and security of data obtained from the
system.
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* * *
Section 7. This act shall take effect in 180 days.
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