PRINTER'S NO. 4297
No. 2803 Session of 2004
INTRODUCED BY ALLEN, BELFANTI, THOMAS, GOODMAN, BAKER, BROWNE,
CAPPELLI, CRAHALLA, DAILEY, GEORGE, HALUSKA, HERSHEY, HESS,
LYNCH, MANN, McILHATTAN, R. MILLER, MUNDY, NICKOL, PHILLIPS,
READSHAW, REICHLEY, SCAVELLO, SCHRODER, STABACK,
E. Z. TAYLOR, J. TAYLOR, TIGUE, WALKO AND YOUNGBLOOD,
JULY 3, 2004
REFERRED TO COMMITTEE ON INSURANCE, JULY 3, 2004
AN ACT
1 Regulating certain pharmacies, manufacturers and wholesalers
2 that advertise for sale or sell drugs or devices via the
3 Internet; providing for powers and duties of the Office of
4 Attorney General; and imposing penalties.
5 TABLE OF CONTENTS
6 Chapter 1. Preliminary Provisions
7 Section 101. Short title.
8 Section 102. Legislative intent.
9 Section 103. Definitions.
10 Section 104. Scope.
11 Chapter 3. Registration
12 Section 301. Registration required.
13 Section 302. Service of process.
14 Section 303. Conditions of registration.
15 Section 304. Duration of registration; fee.
16 Chapter 5. Enforcement and Violations
17 Section 501. Duties of Attorney General.
1 Section 502. Penalties.
2 Chapter 11. Miscellaneous Provisions
3 Section 1101. Effective date.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 CHAPTER 1
7 PRELIMINARY PROVISIONS
8 Section 101. Short title.
9 This act shall be known and may be cited as the Registration
10 of Online Pharmacy Act.
11 Section 102. Legislative intent.
12 It is the intent of the General Assembly to regulate
13 pharmacies, manufacturers and wholesalers located outside this
14 Commonwealth that transact business through the use of the
15 Internet in Pennsylvania. Because the health, safety and welfare
16 of patients within Pennsylvania is of paramount importance, the
17 Office of Attorney General is entrusted with the enforcement of
18 this act.
19 Section 103. Definitions.
20 The following words and phrases when used in this act shall
21 have the meanings given to them in this section unless the
22 context clearly indicates otherwise:
23 "Foreign jurisdiction." A state other than Pennsylvania and
24 the District of Columbia.
25 "Nonresident establishment." A person located outside this
26 Commonwealth who advertises for sale or sells drugs or devices
27 to patients in this Commonwealth by use of the Internet.
28 Section 104. Scope.
29 This act shall apply to a person who, being located outside
30 this Commonwealth, advertises for sale or sells drugs or devices
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1 to patients within this Commonwealth by use of the Internet.
2 CHAPTER 3
3 REGISTRATION
4 Section 301. Registration required.
5 A nonresident establishment shall register with the Office of
6 Attorney General as provided in this act.
7 Section 302. Service of process.
8 A nonresident establishment shall designate a resident agent
9 in this Commonwealth for service of process and shall provide
10 the appropriate contact information to the Office of Attorney
11 General.
12 Section 303. Conditions of registration.
13 (a) General rule.--In order to be registered by the Office
14 of Attorney General, a nonresident establishment shall:
15 (1) Be licensed or registered and in good standing with
16 applicable regulatory agencies in the foreign jurisdiction.
17 (2) Maintain, in readily retrievable form, records of
18 drugs or devices sold or offered for sale in this
19 Commonwealth.
20 (3) Supply, upon request, all information needed by the
21 Office of Attorney General to carry out the office's
22 responsibilities under this act.
23 (4) Comply with the statutory and regulatory
24 requirements of the foreign jurisdiction where the
25 nonresident establishment is located, for prescription drugs
26 or devices shipped, mailed or delivered to this Commonwealth,
27 except for controlled substances shipped, mailed or delivered
28 to the Commonwealth, for which the nonresident establishment
29 shall follow Federal and Commonwealth laws relative to
30 controlled substances.
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1 (5) Provide a toll-free telephone number that is
2 available during normal business hours and at least 40 hours
3 a week so that a patient in this Commonwealth may communicate
4 with a pharmacist at the nonresident establishment.
5 (6) Have a registered pharmacist in good standing with
6 the foreign jurisdiction employed to fill prescriptions for
7 controlled substances offered for sale or sold in this
8 Commonwealth.
9 (7) Pay the appropriate fee.
10 (8) Comply with other requirements the Office of
11 Attorney General deems appropriate.
12 Section 304. Duration of registration; fee.
13 (a) Duration.--Registration shall be renewable biannually.
14 (b) Fee.--A fee of $1,000 shall be required biannually.
15 CHAPTER 5
16 ENFORCEMENT AND VIOLATIONS
17 Section 501. Duties of Attorney General.
18 (a) Enforcement.--Notwithstanding any provision of law to
19 the contrary, the Office of Attorney General shall exclusively
20 enforce the provisions of this act.
21 (b) Forms.--The Office of Attorney General shall develop a
22 registration form for a nonresident establishment seeking to be
23 registered pursuant to this act.
24 (c) Injunction.--The Office of Attorney General shall have
25 the power to seek injunctive relief in a court of competent
26 jurisdiction for attempted violations or violations of this act.
27 (d) Revocation.--The Office of Attorney General shall have
28 the power to suspend or revoke the registration of a nonresident
29 establishment which violates this act.
30 (e) Reports.--Within two years of the effective date of this
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1 act and annually thereafter, the Office of Attorney General
2 shall report to the General Assembly the following:
3 (1) The number of nonresident establishments registered
4 under this act.
5 (2) The quantity and type of drugs and devices sold to
6 patients within this Commonwealth by nonresident
7 establishments.
8 (3) Any recommended changes to this act.
9 (f) Regulations.--The Office of Attorney General shall
10 promulgate regulations necessary to carry out the provisions of
11 this act.
12 Section 502. Penalties.
13 (a) Criminal penalty.--A nonresident establishment which
14 knowingly or recklessly violates any provision of this act
15 commits a misdemeanor of the first degree.
16 (b) Civil penalties.--In addition to any penalty imposed
17 pursuant to this act, a nonresident establishment may be
18 assessed a civil penalty of not more than $10,000 for each
19 separate violation of this act. This penalty may be assessed by
20 the Office of Attorney General. Penalties assessed shall be
21 reviewable in accordance with 2 Pa.C.S. (relating to
22 administrative law and procedure).
23 CHAPTER 11
24 MISCELLANEOUS PROVISIONS
25 Section 1101. Effective date.
26 This act shall take effect in 60 days.
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