| |
|
| |
| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
| |
| SENATE BILL |
|
| |
| |
| INTRODUCED BY FARNESE, TARTAGLIONE AND BOSCOLA, APRIL 16, 2012 |
| |
| |
| REFERRED TO PUBLIC HEALTH AND WELFARE, APRIL 16, 2012 |
| |
| |
| |
| AN ACT |
| |
1 | Regulating prescriptions to treat erectile dysfunction; imposing |
2 | professional sanctions; and prescribing penalties. |
3 | The General Assembly of the Commonwealth of Pennsylvania |
4 | hereby enacts as follows: |
5 | Section 1. Short title. |
6 | This act shall be known and may be cited as the Men's Right- |
7 | to-Know Act. |
8 | Section 2. Declaration of policy. |
9 | The General Assembly finds and declares as follows: |
10 | (1) Many men are unaware of the risks of erectile |
11 | dysfunction medication. |
12 | (2) A thorough medical examination and psychological |
13 | evaluation are common procedure in determining the need for |
14 | erectile medication. |
15 | (3) Psychological and prostate examinations and cardiac |
16 | stress tests can provide useful information regarding the |
17 | causes of and treatments for erectile dysfunction. |
18 | (4) The factual information provided by psychological |
|
1 | and prostate examinations and cardiac stress tests is |
2 | relevant to any decision regarding medicinal treatment of |
3 | erectile dysfunction. |
4 | (5) A man considering medicinal treatment for erectile |
5 | dysfunction has the right to receive complete and accurate |
6 | information regarding the: |
7 | (i) reasons for the dysfunction; and |
8 | (ii) health risks and benefits from being prescribed |
9 | medication. |
10 | (6) In recognition of the importance of a man's dignity |
11 | in making an informed decision about his health care options |
12 | relating to the treatment of erectile dysfunction, the |
13 | factual information provided by cardiac stress tests, |
14 | prostate examinations and psychological examinations should |
15 | be provided to a man as an integral part of the examination |
16 | process to undergo medicinal treatment for erectile |
17 | dysfunction. |
18 | Section 3. Definitions. |
19 | The following words and phrases when used in this act shall |
20 | have the meanings given to them in this section unless the |
21 | context clearly indicates otherwise: |
22 | "Erectile dysfunction." The inability to achieve or maintain |
23 | an erection long enough to engage in sexual intercourse. |
24 | "Physician assistant." As defined in: |
25 | (1) section 2 of the act of October 5, 1978 (P.L.1109, |
26 | No.261), known as the Osteopathic Medical Practice Act; or |
27 | (2) section 2 of the act of December 20, 1985 (P.L.457, |
28 | No.112), known as the Medical Practice Act of 1985. |
29 | Section 4. Preliminary procedures. |
30 | (a) Requirements.--Prior to issuing a prescription for a |
|
1 | drug intended to treat symptoms of erectile dysfunction, a |
2 | physician or physician assistant shall do all of the following: |
3 | (1) Conduct or refer a patient to a specialist that can |
4 | conduct a cardiac stress test and obtain a result, described |
5 | in writing, indicating that the patient's cardiac health is |
6 | compatible with sexual activity. |
7 | (2) Refer a patient to a sexual therapist approved by |
8 | the State Board of Medicine or the State Board of Osteopathic |
9 | Medicine for an assessment of the possible causes of the |
10 | patient's symptoms of erectile dysfunction. |
11 | (3) Obtain a written report in which the sexual |
12 | therapist under paragraph (2) concludes that the patient's |
13 | symptoms are not solely attributable to one or more |
14 | psychological conditions. |
15 | (4) Conduct a prostate examination to ensure that poor |
16 | prostate health is not a contributing factor to the patient's |
17 | symptoms of erectile dysfunction. |
18 | (5) Require the patient to watch a video, and provide |
19 | written notification, listing all the possible side effects, |
20 | risks and complications of medicine prescribed to treat |
21 | symptoms of erectile dysfunction. |
22 | (6) Require the patient to sign a form acknowledging |
23 | receipt of written notification under paragraph (5). |
24 | (7) Obtain a signed affidavit from the patient's sexual |
25 | partner or partners that the patient has experienced symptoms |
26 | of erectile dysfunction in the 90 days preceding the date on |
27 | the affidavit. |
28 | (b) File.--A copy of the documentation of the procedures |
29 | under subsection (a) shall be maintained in the patient's file |
30 | for at least seven years. |
|
1 | Section 5. Document to accompany prescription. |
2 | (a) Physicians and physician assistants.--A physician or a |
3 | physician assistant who provides a prescription for drugs to a |
4 | patient for the treatment of symptoms of erectile dysfunction |
5 | shall provide and sign a document stating that, based upon the |
6 | tests and procedures under section 4, there are no other |
7 | potential medical or psychological causes for the patient's |
8 | erectile dysfunction. |
9 | (b) Patients.--A patient shall present the document under |
10 | subsection (a) to a pharmacist when filling the prescription. |
11 | (c) Pharmacists.-- |
12 | (1) A pharmacist may not fill a prescription for |
13 | medicine to treat symptoms of erectile dysfunction without |
14 | presentation of a document under subsection (b). |
15 | (2) A pharmacist shall maintain a copy of the document |
16 | under subsection (b) in the patient's pharmacy file for at |
17 | least seven years. |
18 | Section 6. Professional sanctions. |
19 | (a) Medical Practice Act.--A physician or a physician |
20 | assistant who knowingly violates section 4 or 5(a) shall be |
21 | deemed to have engaged in unprofessional conduct under section |
22 | 41(8) of the act of December 20, 1985 (P.L.457, No.112), known |
23 | as the Medical Practice Act of 1985. |
24 | (b) Osteopathic Medical Practice Act.-- |
25 | (1) A physician who knowingly violates section 4 or 5(a) |
26 | shall be deemed to have engaged in unprofessional conduct |
27 | under section 15(a)(8) of the act of October 5, 1978 |
28 | (P.L.1109, No.261), known as the Osteopathic Medical Practice |
29 | Act. |
30 | (2) A physician assistant who knowingly violates section |
|
1 | 4 or 5(a) shall be deemed to have engaged in unprofessional |
2 | conduct under section 15(b)(9) of the Osteopathic Medical |
3 | Practice Act. |
4 | (c) Pharmacy Act.--A pharmacist who knowingly violates |
5 | section 5(c) shall be subject to discipline under section 7(d.1) |
6 | of the act of September 27, 1961 (P.L.1700, No.699), known as |
7 | the Pharmacy Act. |
8 | Section 7. Criminal penalties. |
9 | (a) Professionals.-- |
10 | (1) A physician or a physician assistant who knowingly |
11 | violates section 4 or 5(a) commits a misdemeanor of the third |
12 | degree. |
13 | (2) A pharmacist who knowingly violates section 5(c) |
14 | commits a misdemeanor of the third degree. |
15 | (b) Individuals.--An individual who executes a document |
16 | under section 5(a) with knowledge that the document is false |
17 | commits a misdemeanor of the third degree. |
18 | Section 20. Effective date. |
19 | This act shall take effect in 60 days. |
|