PRINTER'S NO. 2230
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
1409
Session of
2015
INTRODUCED BY BROWNE, EICHELBERGER, GREENLEAF, MENSCH, SCAVELLO,
SCHWANK, YUDICHAK, COSTA, BREWSTER, FOLMER, BARTOLOTTA,
RAFFERTY, STEFANO, VULAKOVICH, KILLION AND WARD,
NOVEMBER 16, 2016
REFERRED TO CONSUMER PROTECTION AND PROFESSIONAL LICENSURE,
NOVEMBER 16, 2016
AN ACT
Amending the act of September 27, 1961 (P.L.1700, No.699),
entitled "An act relating to the regulation of the practice
of pharmacy, including the sales, use and distribution of
drugs and devices at retail; and amending, revising,
consolidating and repealing certain laws relating thereto,"
further defining unlawful acts concerning emergency
prescriptions.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 8(2.1) of the act of September 27, 1961
(P.L.1700, No.699), known as the Pharmacy Act, amended December
20, 1985 (P.L.433, No.111), is amended to read:
Section 8. Unlawful Acts.--It shall be unlawful for:
* * *
(2.1) Any pharmacist to dispense an emergency prescription,
unless:
(i) The pharmacist first attempts to obtain an authorization
from the authorized prescriber and cannot obtain the
authorization.
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(ii) The drug which is the subject of the refill is not a
controlled dangerous substance.
(iii) The drug which is the subject of the refill is
essential to the maintenance of life.
(iv) The drug which is the subject of the refill is
essential to the continuation of therapy in chronic conditions,
and, in the pharmacist's professional judgment, the interruption
of the therapy reasonably might produce an undesirable health
consequence, be detrimental to the patient's welfare or cause
physical or mental discomfort.
(v) The pharmacist enters on the back of the prescription or
on another appropriate, uniformly maintained and readily
retrievable record, the date and quantity of the refill, and, in
addition, the pharmacist signs the refill.
(vi) The pharmacist provides only one refill of the
prescription and the quantity of that refill is in conformity
with the prescribed directions for use, but limited to a
seventy-two hour emergency supply.
(vii) Within seventy-two hours of dispensing the refill, the
pharmacist notifies the prescriber that an emergency
prescription has been dispensed. If the prescription is not
dispensed or sold in a seventy-two hour supply, then an amount
not to exceed a thirty-day emergency supply may be dispensed or
sold.
* * *
Section 2. This act shall take effect immediately.
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