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PRIOR PRINTER'S NO. 407
PRINTER'S NO. 1018
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
223
Session of
2019
INTRODUCED BY PHILLIPS-HILL, BREWSTER, KILLION, COSTA, YAW,
J. WARD, BROWNE, HAYWOOD AND SCAVELLO, MARCH 13, 2019
AS AMENDED ON THIRD CONSIDERATION, JUNE 18, 2019
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 for unlawful acts.
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 clauses to read:
Section 2. Definitions.--As used in this act:
* * *
(20) "EMS provider" means "emergency medical services
provider" or "EMS provider" as defined in 35 Pa.C.S. ยง 8103
(relating to definitions).
(21) "Dose package" means an individually sealed package
that contains naloxone or another comparable treatment regimen
as determined by the Secretary of Health in a standing order to
be used for the reversal of a single opioid-related overdose
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event.
Section 2. Section 8(2) of the act is amended and the
section is amended by adding a clause to read:
Section 8. Unlawful Acts.--It shall be unlawful for:
* * *
(2) [Any] Except as provided in clause (2.2), any person not
duly licensed as a pharmacist, pursuant to section 3 hereof, to
engage in the practice of pharmacy, including the preparing,
compounding, dispensing, selling or distributing at retail to
any person any drug, except by a pharmacy intern or such other
authorized personnel under the direct and immediate personal
supervision of a pharmacist: Provided, however, That nothing
herein shall be construed to prevent a duly licensed medical
practitioner from dispensing, compounding or otherwise giving
any drug to his own patients after diagnosis or treatment of
said patient, if such compounding, preparing and dispensing is
done by said licensee himself, nor shall anything herein prevent
any person from selling or distributing at retail household
remedies or proprietary medicines when the same are offered for
sale or sold in the original packages which have been put up
ready for sale to consumers, provided household remedies or
proprietary medicines shall not include any controlled
substances or non-proprietary drug under the act of April 14,
1972 (P.L.233, No.64), known as "The Controlled Substance, Drug,
Device and Cosmetic Act."
* * *
(2.2) An EMS provider to dispense a dose package unless all
of the following apply:
(i) A standing order issued by the Secretary of Health
allows for the purchase of naloxone or a dose package by the
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public without a prescription.
(ii) The EMS provider determines that it is appropriate to
dispense a dose package to a family member, a friend or another
individual who is in a position to assist a patient who has
experienced an opioid-related overdose event, based on the
immediate circumstances surrounding the event or other
conditions, including the availability and accessibility of a
pharmacy. The following shall apply:
(A) The dispensing of the dose package shall be voluntary on
the part of the EMS provider. The following shall apply:
(I) This subclause shall not create any obligation on the
part of an EMS provider to stock the dose package or dispense
the dose package to the family member, friend or other
individual.
(II) The EMS provider shall not incur any liability for not
stocking the dose package or not dispensing the dose package to
the family member, friend or other individual.
(B) Consistent with UNLESS THE DOSE PACKAGE WAS SUPPLIED TO
THE EMS PROVIDER FREE OF CHARGE, AN EMS PROVIDER THAT DISPENSES
A DOSE PACKAGE IN ACCORDANCE WITH THIS CLAUSE MAY BILL THE
PATIENT'S INSURER, AS THAT TERM IS DEFINED IN section 635.7 of
the act of May 17, 1921 (P.L.682, No.284), known as "The
Insurance Company Law of 1921," the EMS provider may bill for
the dispensing of the dose package under this subclause as a
result of the opioid-related overdose event. The reimbursement
by an insurer to the EMS provider for the dose package shall not
exceed the amount that a pharmacy would have received if the
family member, friend or other individual had purchased the
naloxone or other comparable regimen at the pharmacy. The EMS
provider may not bill for the dispensing of the dose package
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under this subclause as a result of the opioid-related overdose
event if the dose package was supplied to the EMS provider free
of charge by a single county authority or designee. PAYMENT BY
THE INSURER:
(I) MAY NOT BE DENIED ON THE BASIS THAT THE EMS PROVIDER IS
NOT DULY LICENSED AS A PHARMACIST.
(II) SHALL BE CONSISTENT WITH THE TERMS OF THE PATIENT'S
HEALTH INSURANCE POLICY AND, IF APPLICABLE, SECTION 635.7 OF THE
INSURANCE COMPANY LAW OF 1921.
(III) MAY NOT EXCEED THE AMOUNT THAT A PHARMACY WOULD HAVE
RECEIVED IF THE FAMILY MEMBER, FRIEND OR OTHER INDIVIDUAL HAD
PURCHASED THE NALOXONE OR OTHER COMPARABLE REGIMEN AT THE
PHARMACY.
(iii) The EMS provider enters the date and contents of the
dose package under subclause (ii) on the back of the dose
package or on another appropriate, uniformly maintained and
readily retrievable record. The EMS provider shall also sign the
dose package or record.
(iv) The EMS provider provides only one dose package under
subclause (ii) and the quantity of that dose package is in
conformity with the prescribed directions for use.
* * *
Section 3. This act shall take effect in 60 days.
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