PRINTER'S NO. 902
No. 742 Session of 2005
INTRODUCED BY STACK, RAFFERTY, LOGAN, KITCHEN, LAVALLE, STOUT, TARTAGLIONE, C. WILLIAMS, COSTA AND KASUNIC, JUNE 13, 2005
REFERRED TO PUBLIC HEALTH AND WELFARE, JUNE 13, 2005
AN ACT 1 Providing for the electronic monitoring of controlled substances 2 dispensed by a pharmacist and for the powers and duties of 3 the Office of Attorney General; and prescribing penalties. 4 The General Assembly of the Commonwealth of Pennsylvania 5 hereby enacts as follows: 6 Section 1. Short title. 7 This act shall be known and may be cited as the Controlled 8 Substance Electronic Monitoring Act. 9 Section 2. Definitions. 10 The following words and phrases when used in this act shall 11 have the meanings given to them in this section unless the 12 context clearly indicates otherwise: 13 "Controlled substance." Any Schedule II or III controlled 14 substance as defined under 28 Pa. Code § 25.72 (relating to 15 schedules of controlled substances). 16 "Medical practitioner." A medical practitioner as defined 17 under the act of September 27, 1961 (P.L.1700, No.699), known as 18 the Pharmacy Act.
1 "Office." The Office of Attorney General. 2 "Pharmacist." A pharmacist as defined under the act of 3 September 27, 1961 (P.L.1700, No.699), known as the Pharmacy 4 Act. 5 Section 3. Electronic system for monitoring controlled 6 substances. 7 The office shall establish an electronic system for 8 monitoring controlled substances that are dispensed within this 9 Commonwealth by a pharmacist or dispensed to an address within 10 this Commonwealth by a pharmacy licensed by the State Board of 11 Pharmacy. The office shall limit access to the data to a limited 12 number of persons deemed by the office to be essential 13 personnel. 14 Section 4. Tax. 15 A pharmacist shall not have to pay a fee or tax specifically 16 dedicated to the operation of the system established in section 17 3 (relating to electronic system for monitoring controlled 18 substances). 19 Section 5. Report. 20 (a) Reporting.--Every pharmacist within this Commonwealth 21 shall report to the office the data required by this section in 22 a timely manner as prescribed by the office, except that 23 reporting shall not be required for: 24 (1) A drug administered directly to a patient. 25 (2) A drug dispensed by a medical practitioner at a 26 facility licensed by the Department of Health if the quantity 27 dispensed is limited to an amount adequate to treat the 28 patient for a maximum of 72 hours. 29 (b) Data.--Data for each controlled substance that is 30 dispensed shall include, but not be limited to, the following: 20050S0742B0902 - 2 -
1 (1) Patient identifier. 2 (2) Date prescribed. 3 (3) Drug dispensed. 4 (4) Date of dispensing. 5 (5) Quantity dispensed. 6 (6) Prescriber. 7 (7) Dispenser. 8 (c) Format.--The data shall be provided in the electronic 9 format specified by the office unless a waiver has been granted 10 by the office to a pharmacist. 11 Section 6. Provisions of data. 12 The office shall be authorized to provide data to: 13 (1) A designated representative of a board responsible 14 for the licensure, regulation or discipline of practitioners, 15 pharmacists or other person who is authorized to prescribe, 16 administer or dispense controlled substances and who is 17 involved in a bona fide specific investigation involving a 18 designated person. 19 (2) A Federal, State or municipal officer whose duty is 20 to enforce the laws of this Commonwealth or the United States 21 relating to drugs and who is engaged in a bona fide specific 22 investigation involving a designated person. 23 (3) A State-operated Medicaid program. 24 (4) A properly convened grand jury pursuant to a 25 subpoena properly issued for the records. 26 (5) A medical practitioner or pharmacist who requests 27 information and certifies that the requested information is 28 for the purpose of providing medical or pharmaceutical 29 treatment to a bona fide current patient. 30 A person who receives data or any report of the system 20050S0742B0902 - 3 -
1 established in section 3 (relating to electronic system for 2 monitoring controlled substances) from the office shall not 3 provide it to any other person or entity except by order of a 4 court of competent jurisdiction. 5 Section 7. Use of data. 6 The office, law enforcement officers, officers of the court 7 and regulatory agencies and officers shall consider the nature 8 of the prescriber's and dispenser's practice and the condition 9 for which the patient is being treated in using the data for 10 investigative or prosecutorial purposes. 11 Section 8. Public record. 12 The data and any report obtained under this act shall not be 13 considered a public record under the act of June 21, 1957 14 (P.L.390, No.212), referred to as the Right-to-Know Law, and 15 shall not be subject to public disclosure. 16 Section 9. Penalties. 17 (a) Failure to transmit.--Any person who intentionally fails 18 to transmit data to the office as required under section 5 19 (relating to report) commits a misdemeanor of the third degree. 20 (b) Disclosure.--Any person who intentionally discloses 21 transmitted data to a person not authorized to receive it under 22 section 6 (relating to provisions of data) or obtains 23 information under this act while not conducting a bona fide 24 specific investigation commits a felony of the third degree. 25 (c) Obtaining information.--Any person who attempts to 26 obtain or obtains information from the system established in 27 section 3 (relating to electronic system for monitoring 28 controlled substances) through fraudulent means commits a felony 29 of the third degree. 30 Section 14. Effective date. 20050S0742B0902 - 4 -
1 This act shall take effect in 60 days. A28L35DMS/20050S0742B0902 - 5 -