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PRINTER'S NO. 2034
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
1347
Session of
2015
INTRODUCED BY YAW, WOZNIAK, ARGALL, SABATINA, TEPLITZ, WHITE,
YUDICHAK, GREENLEAF, McGARRIGLE, GORDNER, COSTA, VANCE,
FOLMER, SCAVELLO, FONTANA, MENSCH, BARTOLOTTA, RAFFERTY,
VULAKOVICH, BROWNE, VOGEL, STEFANO AND RESCHENTHALER,
AUGUST 5, 2016
REFERRED TO CONSUMER PROTECTION AND PROFESSIONAL LICENSURE,
AUGUST 5, 2016
AN ACT
Amending the act of December 20, 1985 (P.L.457, No.112),
entitled "An act relating to the right to practice medicine
and surgery and the right to practice medically related acts;
reestablishing the State Board of Medical Education and
Licensure as the State Board of Medicine and providing for
its composition, powers and duties; providing for the
issuance of licenses and certificates and the suspension and
revocation of licenses and certificates; provided penalties;
and making repeals," providing for restrictions on
prescribing opioids to minors.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The act of December 20, 1985 (P.L.457, No.112),
known as the Medical Practice Act of 1985, is amended by adding
a section to read:
Section 45.1. Restrictions on prescribing opioids to minors.
(a) General rule.--A physician may not prescribe to a minor
more than a seven-day supply of any controlled substance
containing an opioid.
(b) Physician requirements.--Except as provided in
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subsection (d), before issuing a minor the first prescription in
a single course of treatment for a controlled substance
containing an opioid, regardless of whether the dosage is
modified during that course of treatment, a physician shall:
(1) assess whether the minor has ever suffered or is
currently suffering from a mental health or substance abuse
disorder and whether the minor has taken or is currently
taking prescription drugs for treatment of those disorders;
(2) discuss with the minor and the minor's parent,
guardian or an adult authorized to consent to the minor's
medical treatment all of the following:
(i) the risks of addiction and overdose associated
with the controlled substance containing an opioid;
(ii) the increased risk of addiction to controlled
substances to individuals suffering from mental or
substance abuse disorders;
(iii) the dangers of taking controlled substances
containing an opioid with benzodiazepines, alcohol or
other central nervous system depressants; and
(iv) any other information in the patient counseling
information section of the labeling for controlled
substances containing an opioid required under 21 C.F.R.
201.57(c)(18) (relating to specific requirements on
content and format of labeling for human prescription
drug and biological products described in ยง 201.56(b)
(1)); and
(3) obtain written consent for the prescription, subject
to subsection (c), from the minor's parent, guardian or an
adult authorized to consent to the minor's medical treatment.
(c) Consent.--A physician shall record the consent required
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under subsection (b)(3) on a form prescribed by the board. The
form shall be separate from any other document the physician
uses to obtain informed consent for other treatment provided to
the minor. The form shall contain all of the following:
(1) the name and quantity of the controlled substance
containing an opioid being prescribed and the amount of the
initial dose;
(2) a statement indicating that a controlled substance
is a drug or other substance that the United States Drug
Enforcement Administration has identified as having a
potential for abuse;
(3) a statement certifying that the physician discussed
with the minor and the minor's parent, guardian or an adult
authorized to consent to the minor's medical treatment
the matters described in paragraph (2);
(4) the number of refills, if any, authorized by the
prescription; and
(5) the signature of the minor's parent, guardian or an
adult authorized to consent to the minor's medical treatment
and the date of signing.
(d) Exception.--The requirements under subsection (b) do not
apply if the minor's treatment with a controlled substance
containing an opioid meets any of the following criteria:
(1) the treatment is associated with or incident to a
medical emergency; or
(2) in the physician's professional judgment, fulfilling
the requirements of subsection (b) with respect to the
minor's treatment would be detrimental to the minor's health
or safety.
(e) Limited prescription.--If the individual who signs the
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consent form required under subsection (b)(3) is an adult
authorized to consent to the minor's medical treatment, the
physician shall prescribe not more than a single, 72-hour supply
and indicate on the prescription the quantity that is to be
dispensed pursuant to the prescription.
(f) Medical record.--A signed consent form obtained under
this section shall be maintained in the minor's medical record.
(g) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection unless the context clearly indicates otherwise:
"Adult authorized to consent to the minor's medical
treatment." An adult to whom a minor's parent or guardian has
given written authorization to consent to the minor's medical
treatment.
"Medical emergency." A situation that in a physician's good
faith medical judgment creates an immediate threat of serious
risk to the life or physical health of a minor.
"Minor." An individual under 18 years of age who is not
emancipated. For purposes of this section, an individual under
18 years of age is emancipated only if the individual has
married, has entered the armed services of the United States,
has become employed and self-sustaining, or otherwise has become
independent from the care and control of the individual's
parent, guardian or custodian.
Section 2. This act shall take effect in 60 days.
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