A01628
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
353
Session of
2017
INTRODUCED BY NESBIT, MARSICO, NEILSON, CRUZ, DRISCOLL, COX,
MILLARD, HILL-EVANS, CARROLL, PHILLIPS-HILL, PICKETT,
A. HARRIS, MURT, WARD, IRVIN, GAINEY, SOLOMON, M. QUINN,
RADER, STEPHENS, WATSON, ZIMMERMAN AND DEAN, FEBRUARY 6, 2017
REFERRED TO COMMITTEE ON HEALTH, FEBRUARY 6, 2017
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
professional prescription, administration, and dispensing.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 11(a) and (b) of the act of April 14,
1972 (P.L.233, No.64), known as The Controlled Substance, Drug,
Device and Cosmetic Act, are amended to read:
Section 11. Professional Prescription, Administration, and
Dispensing.--(a) Except when dispensed or administered directly
to the patient by a practitioner or his authorized agent, other
than a pharmacist, to an ultimate user, no controlled substance
in Schedule II[,] may] shal l be dispensed without [the written]
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an electronic prescription of a practitioner, except in
emergency situations and as otherwise provided under this
subsection, as prescribed by the secretary by regulation. No
prescription for a controlled substance in Schedule II may be
refilled. As prescribed by the secretary by regulation, the
secretary shall provide an exception to the electronic
prescription requirement under this subsection if the
prescription is issued :
(1) b y a veterinarian;
(2) under circumstances when an electronic prescription is
not available due to a temporary technological or electrical
failure;
(3) by a practitioner and dispensed by a pharmacy located
outside this Commonwealth;
(4) by a practitioner who does not have Internet access ; or
(5) by a practitioner treating a patient in a health care
facility u nder circumstances when the practitioner reasonably
determines that electronically prescribing a controlled
substance would cause an untimely delay resulting in an adverse
impact on the patient's medical condition.
(b) Except when dispensed directly by a practitioner, other
than a pharmacist, to an ultimate user, no controlled substance
in Schedule III or IV[,] may] shall be dispensed without [a
written or oral] an electronic prescription of a practitioner,
except in emergency situations, as prescribed by the secretary
by regulation and as otherwise provided under this subsection .
Such prescriptions shall not be filled or refilled more than six
months after the date thereof or be refilled more than five
times after the date of the prescription unless renewed by the
practitioner. As prescribed by the secretary by regulation, the
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secretary shall provide an exception to the electronic
prescription requirement under this subsection if the
prescription is issued :
(1) b y a veterinarian;
(2) under circumstances when an electronic prescription is
not available due to a temporary technological or electrical
failure;
(3) by a practitioner and dispensed by a pharmacy located
outside this Commonwealth;
(4) by a practitioner who does not have Internet access ; or
(5) by a practitioner treating a patient in a health care
facility u nder circumstances when the practitioner reasonably
determines that electronically prescribing a controlled
substance would cause an untimely delay resulting in an adverse
impact on the patient's medical condition.
* * *
Section 2. This act shall take effect in 60 days.
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