PRINTER'S NO. 728
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
640
Session of
2017
INTRODUCED BY RAFFERTY, YUDICHAK, COSTA AND VULAKOVICH,
APRIL 20, 2017
REFERRED TO HEALTH AND HUMAN SERVICES, APRIL 20, 2017
AN ACT
Amending the act of April 14, 1972 (P.L.233, No.64), entitled
"An act relating to the manufacture, sale and possession of
controlled substances, other drugs, devices and cosmetics;
conferring powers on the courts and the secretary and
Department of Health, and a newly created Pennsylvania Drug,
Device and Cosmetic Board; establishing schedules of
controlled substances; providing penalties; requiring
registration of persons engaged in the drug trade and for the
revocation or suspension of certain licenses and
registrations; and repealing an act," further providing for
records of distribution of controlled substances.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 12 of the act of April 14, 1972 (P.L.233,
No.64), known as The Controlled Substance, Drug, Device and
Cosmetic Act, is amended by adding a subsection to read:
Section 12. Records of Distribution of Controlled
Substances.--* * *
(d) (1) An official State prescription form shall be
prepared and issued by the secretary in groups of twenty-five
(25) or one hundred (100) forms, which forms shall be serially
numbered.
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(2) Unless prescribed electronically , controlled substances
in Schedules II, III , IV and V shall be prescribed or dispensed
only on an official State prescription form.
(3) The secretary may make rules and regulations, consistent
with this act, with respect to the retention or filing of such
forms, including information required to be filed with the
secretary, the maximum number of forms which may be issued at
any one time, the period of time after issuance by the secretary
that such forms shall remain valid for use, and the manner in
which practitioners associated with institutional dispensers may
use such forms, or other matter of procedure or detail necessary
to effectuate or clarify the provisions of this section and to
secure proper and effective enforcement of the provisions of
this article.
(4) Every practitioner who prescribes a controlled substance
shall implement and maintain adequate safeguards and security
measures of official State prescription forms in order to assure
against loss, destruction, theft or unauthorized use of the
forms as follows:
(i) Such practitioner shall maintain a record of the
disposition of all forms, including, but not limited to, use as
a prescription, cancellation, return, loss, destruction,
unauthorized use and nonreceipt. The forms may be used only by
the practitioner to whom the forms are issued and are not
transferrable.
(ii) Such practitioner shall immediately notify the
department on forms supplied by the department of the loss,
destruction, theft or unauthorized use of any official State
prescription forms issued to the practitioner as well as the
failure to receive official State prescription forms within a
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reasonable time after ordering the forms from the secretary.
Upon receipt of notification, the secretary shall take
appropriate action, including notification to the Office of
Attorney General.
(5) This subsection shall not apply to veterinarians.
Section 2. This act shall take effect in 60 days.
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