PRINTER'S NO. 631
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
569
Session of
2019
INTRODUCED BY LANGERHOLC, K. WARD, GORDNER, YAW, BREWSTER,
COSTA, KILLION, WHITE, BROWNE AND HAYWOOD, APRIL 18, 2019
REFERRED TO HEALTH AND HUMAN SERVICES, APRIL 18, 2019
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," providing for
dispensing of fentanyl.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. 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 section to read:
Section 4.1. Dispensing of Fentanyl.--(a) Fentanyl and
fentanyl derivatives, as used in section 4(1)(ii)23, shall only
be dispensed:
(1) To a patient who is being treated on an in-patient basis
or remains in observation status, or during a surgery that takes
place in a health care facility as defined in section 103 of the
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act of July 19, 1979 (P.L.130, No.48), known as the "Health Care
Facilities Act."
(2) For use in palliative or hospice care.
(3) For use in the management of pain associated with
cancer.
(4) For use in the management of chronic pain not associated
with cancer. In order for this paragraph to apply, the
prescriber must:
(i) Document the chronic medical condition in the
individual's medical record maintained by the prescriber.
(ii) State the reason why another medication is not
appropriate to address the chronic medical condition.
(5) To a patient whose treatment is associated with a
medical emergency as documented in the individual's medical
record.
(b) In instances where, in the professional medical judgment
of the prescriber, fentanyl is required to stabilize an
individual's acute medical condition, the prescriber may
prescribe no more than a seven-day supply of fentanyl. In order
for this subsection to apply, the prescriber must:
(1) document the acute medical condition in the individual's
medical record with the prescriber; and
(2) state the reason why another medication is not
appropriate to address the acute medical condition.
(c) The department, in consultation with the Pennsylvania
State Police, shall issue an annual report to the General
Assembly. The report shall contain the following:
(1) Information on the number of overdoses related to
fentanyl and the number of overdoses where fentanyl and opioids
were present.
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(2) Any reduction in the dispensing of fentanyl.
(d) This section shall expire two years after the effective
date of this section.
(e) As used in this section, the term "prescriber" shall
have the meaning given to it in section 3 of the act of October
27, 2014 (P.L.2911, No.191), known as the "Achieving Better Care
by Monitoring All Prescriptions Program (ABC-MAP) Act."
Section 2. This act shall take effect in 60 days.
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