PRIOR PRINTER'S NO. 3008
PRINTER'S NO. 3533
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1699
Session of
2015
INTRODUCED BY R. BROWN, COHEN, CORBIN, DAVIS, DeLUCA,
DiGIROLAMO, GINGRICH, HARHAI, HEFFLEY, KAUFER, KLUNK,
MARSHALL, MASSER, D. PARKER, READSHAW, ROTHMAN, SNYDER,
TAYLOR AND FARRY, MARCH 22, 2016
AS REPORTED FROM COMMITTEE ON HEALTH, HOUSE OF REPRESENTATIVES,
AS AMENDED, JUNE 15, 2016
AN ACT
Providing for limitations on the dispensing of opioid analgesic
drug products in hospital emergency departments and urgent
care centers and for duties of the Department of Health; and
imposing a penalty.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Short title.
This act shall be known and may be cited as the Safe
Emergency Prescribing Act.
Section 2. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Emergency department." An entity within a hospital that is
organizationally distinct from other outpatient facilities and
whose primary function is to provide emergency accident or
emergency medical or surgical care.
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"Health care practitioner." As defined in section 103 of the
act of July 19, 1979 (P.L.130, No.48), known as the Health Care
Facilities Act, including a practitioner who provides services
in an emergency department at a hospital or urgent care center
and is authorized to prescribe medication under the laws of this
Commonwealth.
"Hospital." As defined in section 802.1 of the Health Care
Facilities Act.
"Opioid drug product." A drug product that contains an
opioid agonist and is designated by the United States Food and
Drug Administration for the treatment of pain.
"Urgent care center." An organization or business entity
that provides outpatient treatment to patients with urgent
medical conditions, illnesses or injuries on an unscheduled
basis but that is not licensed as a hospital or an ambulatory
surgical facility.
Section 3. Prescribing practices.
(a) Limitation on quantity of opioid drug products.--A
health care practitioner may not prescribe an opioid drug
product to an individual seeking treatment in an emergency
department or urgent care center in a quantity sufficient to
treat that individual for more than seven days.
(b) Refills.--A health care practitioner in an emergency
department or urgent care center may not authorize the refilling
of a prescription for an opioid analgesic drug product that has
been lost, stolen or destroyed.
Section 4. Referral to treatment.
A health care practitioner shall refer an individual for
treatment if the individual is believed to be at risk for
substance abuse while seeking treatment in an emergency
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department or urgent care center.
Section 5. Use of prescription drug monitoring program.
To determine whether a patient may be under treatment with an
opioid drug product by another health care practitioner, the
prescribing health care practitioner shall access the
prescription drug monitoring program in accordance with section
8 of the act of October 27, 2014 (P.L.2911, No.191), known as
the Achieving Better Care By Monitoring All Prescriptions
Program (ABC-MAP) Act.
Section 6. Regulations.
The Department of Health shall promulgate regulations to
carry out this act.
Section 7. Penalty.
A health care practitioner who violates any provision of this
act commits unprofessional conduct and shall be subject to
disciplinary action under the licensure, certification,
registration or permit provisions of law and regulation
governing the respective health care practitioner.
Section 8. Effective date.
This act shall take effect in 60 days.
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