H1005B2022A02397 AJB:CDM 06/24/19 #90 A02397
AMENDMENTS TO HOUSE BILL NO. 1005
Sponsor: REPRESENTATIVE COX
Printer's No. 2022
Amend Bill, page 1, line 8, by striking out "AND"
Amend Bill, page 1, lines 11 and 12, by striking out "AND FOR
REQUIREMENTS FOR CORONERS AND MEDICAL EXAMINERS" and inserting
; and further providing for access to prescription information
Amend Bill, page 2, lines 18 through 30; page 3, lines 1
through 13; by striking out all of said lines on said pages and
inserting
"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
controlled prescription medication or illegal substance that may
be suspected by any of the following:
(1) An observation of symptoms requiring an emergent
medical response.
(2) A clinical suspicion of a drug overdose.
Amend Bill, page 3, by inserting between lines 21 and 22
"Single county authority." The 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.
* * *
Amend Bill, page 3, line 26, by striking out all of said line
and inserting
Section 3. Section 5(5)(v) of the act is amended and the
paragraph is amended by adding subparagraphs to read:
Amend Bill, page 3, lines 29 and 30; page 4, lines 1 through
30; page 5, lines 1 and 2; by striking out all of said lines on
said pages and inserting
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* * *
Amend Bill, page 5, lines 4 through 19, by striking out all
of said lines and inserting
* * *
Amend Bill, page 5, line 20, by inserting after "prescribers"
and first responders
Amend Bill, page 5, line 21, by inserting after "to"
single county authorities,
Amend Bill, page 5, line 23, by inserting after "prescribers"
and first responders
Amend Bill, page 5, lines 26 through 30; page 6, lines 1
through 30; page 7, lines 1 through 8; by striking out all of
said lines on said pages and inserting
* * *
Amend Bill, page 9, line 22, by striking out "SECTIONS" and
inserting
a section
Amend Bill, page 12, line 8, by inserting after "INFORMATION"
that is available and reasonably able to be identified
during a review of the individual's medical records
Amend Bill, page 12, line 12, by striking out "AN" and
inserting
the
Amend Bill, page 12, lines 29 and 30, by striking out "72
HOURS AFTER A DRUG-RELATED OVERDOSE EVENT WAS REPORTED " and
inserting
14 days after the completion of the acute episode of care
Amend Bill, page 13, lines 5 through 30; page 14, lines 1
through 6; by striking out all of said lines on said pages and
inserting
Section 6. Section 9 heading and (b)(3) of the act are
amended and subsection (b) is amended by adding a paragraph to
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read:
Amend Bill, page 14, by inserting between lines 9 and 10
(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
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 ยง 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
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.
* * *
(12) An authorized employee of a county or municipal
health department may 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:
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(i) Developing educational programs relating to
prescribing practices and controlled substance abuse.
(ii) Identifying at-risk individuals for the purpose
of connecting them with addiction treatment professionals
and programs, including single county authorities.
(iii) Compiling epidemiological data to ensure the
security of the system when an authorized employee of a
county or municipal health department accesses the
system.
* * *
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See A02397 in
the context
of HB1005