PRINTER'S NO. 1806
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
1228
Session of
2015
INTRODUCED BY YAW, WOZNIAK, BARTOLOTTA, EICHELBERGER, BAKER,
McGARRIGLE, TEPLITZ, RAFFERTY, VULAKOVICH, FOLMER, HUGHES,
YUDICHAK, WHITE, COSTA, MENSCH, RESCHENTHALER, SCARNATI AND
STEFANO, MAY 16, 2016
REFERRED TO PUBLIC HEALTH AND WELFARE, MAY 16, 2016
AN ACT
Providing for limitations on the dispensing of opioid analgesic
drug products in emergency departments of hospitals and for
use of prescription drug monitoring programs.
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 Emergency
Department Safe 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.
"Health care practitioner." As defined in section 103 of the
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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 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.
Section 3. Prescribing practices in emergency departments.
(a) Limitation on quantity of opioid drug products.--A
health care practitioner may only prescribe an opioid drug
product to an individual seeking treatment in an emergency
department if the quantity of the opioid drug product to treat
the individual does not exceed seven days.
(b) Refills.--A health care practitioner in an emergency
department 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
department.
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
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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 governing the respective
health care practitioner.
Section 8. Effective date.
This act shall take effect in 60 days.
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