PRINTER'S NO. 1280
No. 960 Session of 2005
INTRODUCED BY RAFFERTY, STACK, ERICKSON, FONTANA, PUNT, KASUNIC,
ORIE, WOZNIAK, RHOADES AND BROWNE, OCTOBER 26, 2005
REFERRED TO PUBLIC HEALTH AND WELFARE, OCTOBER 26, 2005
AN ACT
1 Amending the act of April 14, 1972 (P.L.233, No.64), entitled
2 "An act relating to the manufacture, sale and possession of
3 controlled substances, other drugs, devices and cosmetics;
4 conferring powers on the courts and the secretary and
5 Department of Health, and a newly created Pennsylvania Drug,
6 Device and Cosmetic Board; establishing schedules of
7 controlled substances; providing penalties; requiring
8 registration of persons engaged in the drug trade and for the
9 revocation or suspension of certain licenses and
10 registrations; and repealing an act," providing for records
11 of distribution of controlled substances.
12 The General Assembly of the Commonwealth of Pennsylvania
13 hereby enacts as follows:
14 Section 1. Section 12 of the act of April 14, 1972 (P.L.233,
15 No.64), known as The Controlled Substance, Drug, Device and
16 Cosmetic Act, is amended by adding a subsection to read:
17 Section 12. Records of Distribution of Controlled
18 Substances.--* * *
19 (d) (1) An official State prescription form shall be
20 prepared and issued by the secretary in groups of 25 or 100
21 forms, which forms shall be serially numbered. Such prescription
22 blanks shall not be transferable.
1 (2) Except as expressly authorized in this section,
2 controlled substances in Schedule II may be prescribed or
3 dispensed only on an official State prescription form.
4 (3) The secretary may, by regulation, require that a
5 particular substance in Schedule III or IV be prescribed or
6 dispensed on an official State prescription form.
7 (4) The secretary may make rules and regulations, consistent
8 with this act, with respect to the retention or filing of such
9 forms, including information required to be filed with the
10 secretary, the maximum number of forms which may be issued at
11 any one time, the period of time after issuance by the secretary
12 that such forms shall remain valid for use, and the manner in
13 which practitioners associated with institutional dispensers may
14 use such forms, or any other matter of procedure or detail
15 necessary to effectuate or clarify the provisions of this
16 section and to secure proper and effective enforcement of the
17 provisions of this article.
18 (5) Every person who sells or otherwise distributes a
19 controlled substance shall implement and maintain adequate
20 safeguards and security measures of official State prescription
21 forms in order to assure against loss, destruction, theft or
22 unauthorized use of the forms as follows:
23 (i) Such person shall maintain a record of the disposition
24 of all forms, including, but not limited to, use as a
25 prescription, cancellation, return, loss, destruction,
26 unauthorized use and nonreceipt. The forms may be used only by
27 the person to whom they are issued and are not transferrable.
28 (ii) Such person shall immediately notify the department on
29 forms supplied by the department of the loss, destruction, theft
30 or unauthorized use of any official State prescription forms
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1 issued to them as well as the failure to receive official State
2 prescription forms within a reasonable time after ordering them
3 from the secretary. Upon receipt of notification, the secretary
4 shall take appropriate action, including notification to the
5 Office of Attorney General.
6 (6) A registered pharmacist compounding, dispensing, filling
7 or selling a controlled substance in Schedule II shall place the
8 original written prescription in a file kept for that purpose
9 for a period of not less than five years if such period is not
10 less than two years after the last refilling, and affix to the
11 container in which the prescription is dispensed, a label
12 bearing the name and complete address of the pharmacy or drug
13 store in which dispensed, the brand name or generic name of the
14 product dispensed unless the prescriber states otherwise on the
15 original written prescription, the date on which the
16 prescription was compounded and an identifying number under
17 which the prescription is recorded in his files, together with
18 the name of the physician, dentist, optometrist, veterinarian,
19 other medical practitioner, certified nurse midwife, nurse
20 practitioner/clinical nurse specialist or physician assistant,
21 prescribing it and the directions for the use of the
22 prescription by the patient, as directed on the prescription of
23 the physician, dentist, optometrist, veterinarian, other medical
24 practitioner, certified nurse midwife, nurse
25 practitioner/clinical nurse specialist or physician assistant,
26 licensed or approved to write prescriptions. Every registered
27 pharmacist who fills or compounds a prescription, or who
28 supervises the filling or compounding of a prescription by a
29 person other than a pharmacist registered in this Commonwealth,
30 shall place his name or initials on the original prescription or
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1 on the label affixed to the container in which the prescription
2 is dispensed or in a book kept for the purpose of recording
3 prescriptions.
4 Section 2. This act shall take effect in 60 days.
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