See other bills
under the
same topic
PRINTER'S NO. 2911
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2070
Session of
2019
INTRODUCED BY MULLERY, HILL-EVANS, SCHLOSSBERG, FREEMAN,
KOSIEROWSKI, MURT, HOHENSTEIN, HARKINS, PASHINSKI, DEASY,
BURGOS, FRANKEL, McNEILL, MADDEN, SCHWEYER, DeLUCA AND
McCLINTON, NOVEMBER 19, 2019
REFERRED TO COMMITTEE ON HEALTH, NOVEMBER 19, 2019
AN ACT
Amending Title 35 (Health and Safety) of the Pennsylvania
Consolidated Statutes, providing for impact of opioid
epidemic.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 35 of the Pennsylvania Consolidated
Statutes is amended by adding a chapter to read:
CHAPTER 52B
IMPACT OF OPIOID EPIDEMIC
Sec.
52B01. Definitions.
52B02. Report on impact of opioids.
52B03. Summary of current lawsuits.
§ 52B01. Definitions.
The following words and phrases when used in this chapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
"Administer" or "administration." The direct application or
consumption of an opioid, controlled substance or other drug by
an individual, whether by injection, inhalation, ingestion or
any other means.
"Commonwealth agency." An office, department, authority,
board, multistate agency or commission of the executive branch.
"Controlled substance." As defined in section 2 of the act
of April 14, 1972 (P.L.233, No.64), known as The Controlled
Substance, Drug, Device and Cosmetic Act.
"Counterfeit." A controlled substance, other drug, device or
cosmetic or the container or labeling of which, without
authorization, bears the trademark, trade name or other
identifying mark, imprint, number or device or any likeness of a
manufacturer, distributor or dispenser other than the person who
in fact manufactures, distributes or dispenses the controlled
substance or other drug, device or cosmetic and which is falsely
purported or represented to be the product of, or to have been
distributed by, another manufacturer, distributor or dispenser.
"Department." The Department of Health of the Commonwealth.
"Designer drug." A substance other than a controlled
substance that is intended for human consumption and that either
has a chemical structure substantially similar to that of a
controlled substance in Schedule I, II or III of The Controlled
Substance, Drug, Device and Cosmetic Act or that produces an
effect substantially similar to that of a controlled substance
in Schedule I, II or III.
"Drug." As defined in section 2 of The Controlled Substance,
Drug, Device and Cosmetic Act.
"Entity." A government agency or nongovernmental agency.
" Government agency ." Any Commonwealth agency or any county,
20190HB2070PN2911 - 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
city, borough, incorporated town or township of the
Commonwealth.
"Nongovernmental agency." Any for-profit or not-for-profit
agency, association or organization.
"Opioid-related overdose death." An opioid-related overdose
event where the administration or physical exposure of an opioid
is the primary or secondary cause of death of an individual or a
contributing factor to the death of an individual.
"Opioid-related overdose event."
(1) An injury to the body that occurs when an opioid is
administered in an excessive amount, whether intentional or
accidental, or when the potency of an opioid or an opioid
that has been mixed or compounded with a counterfeit opioid,
including fentanyl, a designer drug or another drug or
controlled substance causes injury or death, which may be
evidenced or determined by any of the following:
(i) An observation of symptoms requiring emergency
medical response.
(ii) A clinical suspicion of a drug overdose.
(iii) A positive toxicology screen for an opioid or
a negative toxicology screen if there are no other
conditions to explain the clinical symptoms.
(2) The term includes, but is not limited to, any of the
following events that result from administering an opioid:
(i) Central nervous system depression.
(ii) Loss of consciousness or death.
(iii) Stimulant effects.
(iv) Hallucinations, seizures or unresponsiveness.
§ 52B02. Report on impact of opioids.
(a) Reporting by entities.--The following information shall
20190HB2070PN2911 - 3 -
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
be reported to the department by the entities required under
this subsection:
(1) The number of opioid-related overdose events and
opioid-related overdose deaths in this Commonwealth annually
in the previous five calendar years, Statewide and by county.
The following shall apply:
(i) Nongovernmental agencies responsible for
reporting information under this paragraph shall include
county coroners or medical examiners, hospitals,
emergency departments and emergency medical service
agencies.
(ii) The department shall promulgate regulations
regarding the format and information required when
reporting an opioid-related overdose event or death.
Reports shall be made to the department within 72 hours
of an opioid-related overdose event or death.
(2) Information on the number of in-patient hospital
stays in this Commonwealth annually in the previous five
years attributable to opioid-related overdose events.
Nongovernmental agencies responsible for reporting
information under this paragraph shall include hospitals and
emergency departments.
(3) Estimates of the annual costs in the previous five
years attributable to opioid-related overdose events
including medical and prescription costs, lost earnings from
premature death and costs of correctional facilities,
emergency services providers and police services. Government
agencies responsible for reporting information under this
paragraph shall include, but not be limited to, the
Department of Revenue, Department of Corrections, Department
20190HB2070PN2911 - 4 -
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
of Human Services and Pennsylvania State Police.
(4) Information on the annual number of parental
fatalities resulting from opioid-related overdose events in
the previous five calendar years and the impact of those
deaths on the foster care system in this Commonwealth and
within each county. Government agencies responsible for
reporting information under this paragraph shall include, but
not be limited to, county children and youth agencies and the
Department of Human Services.
(b) Reporting requirements.--The entities responsible for
reporting information to the department under subsection (a)
shall report all initial findings within six months of the
effective date of this subsection and continue to report all
subsequent findings on a monthly basis to the department.
(c) Report.--The department shall compile and submit an
annual report to the Governor, the General Assembly and the
Attorney General with information on the impact of opioids in
this Commonwealth for the preceding calendar year. The report
shall include:
(1) The information submitted to the department under
subsection (a).
(2) Information on the incidence of hepatitis C,
HIV/AIDS, sepsis, endocarditis and other diseases or opioid-
related overdose deaths linked to use of opioids, controlled
substances and other drugs.
(3) Any other notable health or economic costs or
impacts experienced by this Commonwealth and each county as a
result of opioid-related overdose events.
(d) Publication of report.--The report under subsection (c)
shall be made available on the department's publicly accessible
20190HB2070PN2911 - 5 -
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
Internet website no later than one year after the effective date
of this subsection and shall be updated on a quarterly basis.
(e) Duties of government agencies.--Each government agency
required to provide information to the department under
subsection (a) shall cooperate with and assist the department in
carrying out its duties under this chapter.
(f) Regulations.--The department shall promulgate
regulations to enforce the provisions of this chapter. The
regulations shall include, but not be limited to:
(1) The form and manner by which an entity must submit
information to the department under subsection (a).
(2) The time by which an entity must submit information
to the department under subsection (a).
(3) Any other requirements the department deems
necessary and appropriate to carry out the provisions of this
chapter.
§ 52B03. Summary of current lawsuits.
The department shall annually review publicly available
information about lawsuits related to opioid use, abuse or
opioid-related overdose events and deaths provided by attorneys
general or law enforcement agencies in states that have brought
lawsuits and provide a summary of the key elements of each
lawsuit to the Governor, the General Assembly and the Attorney
General. Upon receipt, the Attorney General shall provide the
report to all district attorneys in this Commonwealth.
Section 2. This act shall take effect in 60 days.
20190HB2070PN2911 - 6 -
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