PRIOR PRINTER'S NO. 1489
PRINTER'S NO. 1773
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
1054
Session of
2018
INTRODUCED BY BROOKS, RESCHENTHALER, RAFFERTY, STEFANO, WARD AND
HUTCHINSON, FEBRUARY 16, 2018
SENATOR BAKER, HEALTH AND HUMAN SERVICES, AS AMENDED,
MAY 22, 2018
AN ACT
Providing for licensure CERTIFICATION of buprenorphine office-
based prescribers; limiting the use of buprenorphine; and
establishing penalties. AND IMPOSING POWERS AND DUTIES ON THE
DEPARTMENT OF DRUG AND ALCOHOL PROGRAMS.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Short title.
This act shall be known and may be cited as the Buprenorphine
Medically Assisted Treatment Act.
Section 2. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Buprenorphine." A material, compound, mixture of
preparation containing buprenorphine or its salts used as
medically assisted treatment for opioid addiction.
"Buprenorphine office-based prescriber." A person that is
assigned a waiver from the Drug Enforcement Administration,
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including a special identification number, commonly referred to
as the "X" DEA number, and provides office-based prescribing of
buprenorphine.
"Department." The Department of Drug and Alcohol Programs of
the Commonwealth.
Section 3. Buprenorphine medically assisted treatment.
(a) Licensure CERTIFICATION.--The department shall establish
a program for licensure CERTIFICATION of buprenorphine office-
based prescribers as qualified by training and experience to
prescribe buprenorphine.
(b) Fee.--A buprenorphine office-based prescriber shall pay
a fee of $10,000 for licensure by the department. TO THE
DEPARTMENT IN ORDER TO RECEIVE CERTIFICATION UNDER SUBSECTION
(A). THE AMOUNT OF THE FEE SHALL NOT EXCEED $500 DURING THE
FIRST YEAR IN WHICH THE FEE MAY BE IMPOSED AND THEREAFTER SHALL
NOT EXCEED AN AMOUNT SUFFICIENT TO REIMBURSE THE DEPARTMENT FOR
THE ADMINISTRATIVE COST TO ADMINISTER AND ENFORCE THIS ACT.
(c) Prohibition.--No buprenorphine office-based prescriber
shall prescribe buprenorphine to a patient unless all of the
following occur:
(1) The patient provides evidence demonstrating active
participation in an addiction treatment program licensed by
the department.
(2) The evidence of participation in the addiction
treatment program is documented in the patient's medical
record.
(3) The buprenorphine office-based prescriber is
licensed CERTIFIED by the department as provided under
subsection (a).
(d) Violations.--The State Board of Medicine shall
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promulgate guidelines providing specific periods of license
suspension or revocation for a buprenorphine office-based
prescriber who dispenses or prescribes buprenorphine in
violation of this act.
(1) THE DEPARTMENT SHALL REPORT A VIOLATION OF THIS ACT
TO THE APPROPRIATE LICENSURE BOARD.
(2) A PERSON WHO VIOLATES THIS ACT AND IS LICENSED BY A
LICENSURE BOARD UNDER ANOTHER ACT SHALL BE SUBJECT TO
DISCIPLINE BY THE LICENSURE BOARD UNDER THE OTHER ACT FOR THE
VIOLATION, INCLUDING LICENSE SUSPENSION OR REVOCATION OR AN
APPROPRIATE FINE OR OTHER PENALTY.
Section 4. Effective date.
This act shall take effect in 60 days.
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