See other bills
under the
same topic
                                                       PRINTER'S NO. 910

THE GENERAL ASSEMBLY OF PENNSYLVANIA


SENATE BILL

No. 785 Session of 2007


        INTRODUCED BY STACK, RAFFERTY, STOUT, TARTAGLIONE, FONTANA,
           WASHINGTON, LOGAN, C. WILLIAMS, COSTA, VANCE, KASUNIC AND
           BROWNE, APRIL 27, 2007

        REFERRED TO PUBLIC HEALTH AND WELFARE, APRIL 27, 2007

                                     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.
    18  Section 5.  Report.
    19     (a)  Reporting.--Every pharmacist within this Commonwealth
    20  shall report to the office the data required by this section in
    21  a timely manner as prescribed by the office, except that
    22  reporting shall not be required for:
    23         (1)  A drug administered directly to a patient.
    24         (2)  A drug dispensed by a medical practitioner at a
    25     facility licensed by the Department of Health if the quantity
    26     dispensed is limited to an amount adequate to treat the
    27     patient for a maximum of 72 hours.
    28     (b)  Data.--Data for each controlled substance that is
    29  dispensed shall include, but not be limited to, the following:
    30         (1)  Patient identifier.
    20070S0785B0910                  - 2 -     

     1         (2)  Date prescribed.
     2         (3)  Drug dispensed.
     3         (4)  Date of dispensing.
     4         (5)  Quantity dispensed.
     5         (6)  Prescriber.
     6         (7)  Dispenser.
     7     (c)  Format.--The data shall be provided in the electronic
     8  format specified by the office unless a waiver has been granted
     9  by the office to a pharmacist.
    10  Section 6.  Provisions of data.
    11     The office shall be authorized to provide data to:
    12         (1)  A designated representative of a board responsible
    13     for the licensure, regulation or discipline of practitioners,
    14     pharmacists or other person who is authorized to prescribe,
    15     administer or dispense controlled substances and who is
    16     involved in a bona fide specific investigation involving a
    17     designated person.
    18         (2)  A Federal, State or municipal officer whose duty is
    19     to enforce the laws of this Commonwealth or the United States
    20     relating to drugs and who is engaged in a bona fide specific
    21     investigation involving a designated person.
    22         (3)  A State-operated Medicaid program.
    23         (4)  A properly convened grand jury pursuant to a
    24     subpoena properly issued for the records.
    25         (5)  A medical practitioner or pharmacist who requests
    26     information and certifies that the requested information is
    27     for the purpose of providing medical or pharmaceutical
    28     treatment to a bona fide current patient.
    29  A person who receives data or any report of the system
    30  established in section 3 from the office shall not provide it to
    20070S0785B0910                  - 3 -     

     1  any other person or entity except by order of a court of
     2  competent jurisdiction.
     3  Section 7.  Use of data.
     4     The office, law enforcement officers, officers of the court
     5  and regulatory agencies and officers shall consider the nature
     6  of the prescriber's and dispenser's practice and the condition
     7  for which the patient is being treated in using the data for
     8  investigative or prosecutorial purposes.
     9  Section 8.  Public record.
    10     The data and any report obtained under this act shall not be
    11  considered a public record under the act of June 21, 1957
    12  (P.L.390, No.212), referred to as the Right-to-Know Law, and
    13  shall not be subject to public disclosure.
    14  Section 9.  Penalties.
    15     (a)  Failure to transmit.--Any person who intentionally fails
    16  to transmit data to the office as required under section 5
    17  commits a misdemeanor of the third degree.
    18     (b)  Disclosure.--Any person who intentionally discloses
    19  transmitted data to a person not authorized to receive it under
    20  section 6 or obtains information under this act while not
    21  conducting a bona fide specific investigation commits a felony
    22  of the third degree.
    23     (c)  Obtaining information.--Any person who attempts to
    24  obtain or obtains information from the system established in
    25  section 3 through fraudulent means commits a felony of the third
    26  degree.
    27  Section 14.  Effective date.
    28     This act shall take effect in 60 days.


    C20L35DMS/20070S0785B0910        - 4 -