PRINTER'S NO.  2110

  

THE GENERAL ASSEMBLY OF PENNSYLVANIA

  

SENATE BILL

 

No.

1463

Session of

2012

  

  

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

- 2 -

 


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.

- 3 -

 


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

- 4 -

 


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.

- 5 -