A04142
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1783
Session of
2023
INTRODUCED BY VENKAT, MADDEN, MARCELL, KINSEY, PROBST, KHAN,
FREEMAN, NEILSON, HILL-EVANS, SCHLOSSBERG, DELLOSO, SANCHEZ,
HOWARD, D. WILLIAMS, STEELE, KAZEEM, JOZWIAK, CEPEDA-FREYTIZ,
BOROWSKI, PASHINSKI, HOHENSTEIN, ABNEY, A. BROWN, FLICK,
GIRAL, SHUSTERMAN, HANBIDGE, POWELL AND DALEY,
OCTOBER 24, 2023
REFERRED TO COMMITTEE ON HUMAN SERVICES, OCTOBER 24, 2023
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
drug overdose medication.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 13.8(a)(3) and (h) of the act of April
14, 1972 (P.L.233, No.64), known as The Controlled Substance,
Drug, Device and Cosmetic Act, amended November 3, 2022
(P.L.1984, No.135), are amended and the section is amended by
adding a subsection subsections to read:
Section 13.8. Drug Overdose Medication.--(a) The
department, in carrying out its duties under 28 Pa. Code Ch.
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1023 (relating to personnel), shall have the following duties:
* * *
(3) The following apply:
(i) In consultation with the Department of Drug and Alcohol
Programs, develop or approve training and instructional
materials about recognizing opioid-related overdoses,
administering an opioid antagonist and promptly seeking medical
attention. The training and instruction materials shall be
provided free of charge on the Internet.
(ii) In consultation with the Department of Drug and Alcohol
Programs, develop a poster that contains the following
information:
(A) The signs of an opioid-related overdose.
(B) What to do in the event of an opioid-related overdose.
(C) Where to find an opioid antagonist such as naloxone.
(D) Where to find additional resources and information,
which may include a quick-response (QR) code or a website URL.
(iii) Develop a pamphlet with information equivalent to the
information contained on the poster described in subparagraph
(ii).
(iv) Make the poster described in subparagraph (ii) and the
pamphlet described in subparagraph (iii) available on the
publicly accessible Internet website of the department.
(v) Provide the poster described in subparagraph (ii) in
additional languages upon request by an entity listed under
subsection (a.1).
(a.1) The following entities shall display the poster
described in subsection (a)(3)(ii) in a conspicuous location at
each of their properties in conspicuous locations , if permitted :
(1) A Commonwealth agency.
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(2) A metropolitan transportation authority.
(3) A municipal authority.
(4) (3) A municipality.
(a.2) The department shall pay for the costs associated with
printing and distributing each poster described in subsection
(a)(3)(ii).
* * *
(h) [As used in this section, the term "opioid antagonist"
means a drug or device approved by the Federal Food, Drug, and
Cosmetic Act (52 Stat. 1040, 21 U.S.C. § 301 et seq.) for
emergency reversal of known or suspected opioid overdose,
including naloxone hydrochloride or other similarly acting drugs
approved by the United States Food and Drug Administration for
the treatment of an opioid overdose.] As used in this section,
the following words and phrases shall have the meanings given to
them in this subsection unless the context clearly indicates
otherwise:
"Commonwealth agency." An executive agency or independent
agency as those terms are defined in 2 Pa.C.S. § 101 (relating
to definitions).
"Conspicuous location." A location where individuals are
likely to see and read the poster described in subsection (a)(3)
(ii). The term includes a bathroom, bulletin board, entrance,
exit, hallway or lobby.
"Metropolitan transportation authority." An authority
operating under 74 Pa.C.S. Ch. 17 (relating to metropolitan
transportation authorities).
"Municipal authority." An authority created under 53 Pa.C.S.
Ch. 56 (relating to municipal authorities).
"Municipality." A county, city, borough, incorporated town
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or township.
"Opioid antagonist." A drug or device approved by the
Federal Food, Drug, and Cosmetic Act (52 Stat. 1040, 21 U.S.C. §
301 et seq.) for emergency reversal of known or suspected opioid
overdose, including naloxone hydrochloride or other similarly
acting drugs approved by the United States Food and Drug
Administration for the treatment of an opioid overdose.
"Property." Real property under control of an entity listed
in subsection (a.1). The term includes an airport, bus stop,
library, park, school or rail stop.
Section 2. This act shall take effect in 60 days.
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