See other bills
under the
same topic
PRINTER'S NO. 1142
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
845
Session of
2017
INTRODUCED BY FARNESE AND RAFFERTY, SEPTEMBER 11, 2017
REFERRED TO CONSUMER PROTECTION AND PROFESSIONAL LICENSURE,
SEPTEMBER 11, 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
prohibited acts and penalties.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 13(a) of the act of April 14, 1972
(P.L.233, No.64), known as The Controlled Substance, Drug,
Device and Cosmetic Act, is amended and the section is amended
by adding a subsection to read:
Section 13. Prohibited Acts; Penalties.--(a) The following
acts and the causing thereof within the Commonwealth are hereby
prohibited:
* * *
(41) The offering or giving by any manufacturer or
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
distributor, or any agent thereof, of any gift to a prescriber.
As used in this clause:
(i) "Gift" means anything that is received without
consideration of equal or greater value, but shall not include:
(A) professional samples of a drug provided to a prescriber
for free distribution to patients;
(B) items with a total combined retail value, in any
calendar year, of not more than fifty dollars ($50);
(C) a payment to the sponsor of a medical conference,
professional meeting or other educational program, provided the
payment is not made directly to a prescriber and is used solely
for bona fide educational purposes;
(D) reasonable honoraria and payment of the reasonable
expenses of a prescriber who serves on the faculty at a
professional or educational conference or meeting;
(E) compensation for the substantial professional or
consulting services of a prescriber in connection with a genuine
research project;
(F) publications and educational materials; or
(G) salaries or other benefits paid to employees.
(ii) "Prescriber" means a person that is licensed,
registered or otherwise authorized to distribute, dispense or
administer a controlled substance, other drug or device in the
course of professional practice or research in this
Commonwealth.
* * *
(q) Any person who knowingly and intentionally violates
clause (41) of subsection (a) is guilty of a misdemeanor and
upon conviction shall be sentenced to imprisonment not exceeding
one year or to pay a fine not exceeding five thousand dollars
20170SB0845PN1142 - 2 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
($5,000) for each transaction, occurrence or event, or both.
Section 2. This act shall take effect in 60 days.
20170SB0845PN1142 - 3 -
1
2