PRINTER'S NO. 653
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
616
Session of
2017
INTRODUCED BY CRUZ, YOUNGBLOOD, KINSEY, DONATUCCI, IRVIN,
BOBACK, MURT, READSHAW, WARD, D. COSTA, NEILSON AND
PASHINSKI, FEBRUARY 24, 2017
REFERRED TO COMMITTEE ON HEALTH, FEBRUARY 24, 2017
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 providing for definitions; and providing for
collection and disposal of drugs by pharmacies.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 2 of the act of September 27, 1961
(P.L.1700, No.699), known as the Pharmacy Act, is amended by
adding a paragraph to read:
Section 2. Definitions.--As used in this act:
* * *
(20) "Ultimate user" means a person who lawfully possesses a
controlled substance, other drug, device or cosmetic for the
person's own use, for the use of a member of the person's
household or for administering to an animal in the person's
care.
Section 2. The act is amended by adding a section to read:
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Section 4.2. Collection and Disposal of Drugs by
Pharmacies.--(a) A licensed pharmacy may collect a legend drug
from an ultimate user, or from a long-term care facility on
behalf of an ultimate user who resides or resided at the long-
term care facility, for the purpose of disposing of the legend
drug as pharmaceutical waste, provided that:
(1) A pharmacy may collect and dispose of controlled
substances listed in Schedules II, III, IV and V of the act of
April 14, 1972 (P.L.233, No.64), known as "The Controlled
Substance, Drug, Device and Cosmetic Act," as allowed under
subsection (b).
(2) A pharmacy that has established a controlled substance
disposal program under subsection (b) may also collect and
dispose of noncontrolled substance legend and nonlegend drugs,
but only in the same manner in which it collects and disposes of
controlled substances.
(b) Controlled substances listed in Schedules II, III, IV
and V of "The Controlled Substance, Drug, Device and Cosmetic
Act" may be collected and disposed of only under the provisions
of 21 CFR Pts. 1300 (relating to definitions), 1301 (relating to
registration of manufacturers, distributors, and dispensers of
controlled substances), 1304 (relating to records and reports of
registrants), 1305 (relating to orders for Schedule I and II
controlled substances), 1307 (relating to miscellaneous) and
1317 (relating to disposal) that are applicable to the disposal
of controlled substances. Disposal of controlled substances and
legend and nonlegend drugs must also comply with Federal and
State requirements regarding hazardous waste.
Section 3. This act shall take effect in 60 days.
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