PRINTER'S NO. 2243
No. 1388 Session of 2006
INTRODUCED BY COSTA, STOUT, FONTANA, O'PAKE, LOGAN, RAFFERTY,
WASHINGTON, LAVALLE, TARTAGLIONE, C. WILLIAMS AND MUSTO,
NOVEMBER 14, 2006
REFERRED TO PUBLIC HEALTH AND WELFARE, NOVEMBER 14, 2006
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," adding provisions
11 relating to antiepileptic drugs.
12 The General Assembly of the Commonwealth of Pennsylvania
13 hereby enacts as follows:
14 Section 1. Section 2(b) of the act of April 14, 1972
15 (P.L.233, No.64), known as The Controlled Substance, Drug,
16 Device and Cosmetic Act, is amended by adding definitions to
17 read:
18 Section 2. Definitions.--* * *
19 (b) As used in this act:
20 * * *
21 "Antiepileptic drug" means:
22 (1) any drug prescribed for the treatment of epilepsy; or
1 (2) a drug used to treat or prevent seizures.
2 * * *
3 "Epilepsy" means a neurological condition characterized by
4 recurrent seizures.
5 * * *
6 "Interchange" means the substitution of one version of the
7 same antiepileptic therapeutic product, including a generic
8 product for the prescribed brand, a brand product for the
9 prescribed generic product, a generic product by one
10 manufacturer for a generic product by a different manufacturer,
11 a different formulation of the prescribed antiepileptic drug or
12 a different antiepileptic therapeutic drug product for the
13 antiepileptic product originally prescribed.
14 * * *
15 "Seizure" means an acute clinical change secondary to a brief
16 disturbance in the electrical activity of the brain.
17 * * *
18 Section 2. Section 13(a) of the act is amended by adding a
19 clause and the section is amended by adding a subsection to
20 read:
21 Section 13. Prohibited Acts; Penalties.--(a) The following
22 acts and the causing thereof within the Commonwealth are hereby
23 prohibited:
24 * * *
25 (39) A pharmacist may not interchange an antiepileptic drug
26 or formulation of an antiepileptic drug, brand or generic, for
27 the treatment of epileptic seizures without prior notification
28 of and the signed, informed consent of such interchange from the
29 prescribing physician and patient, or patient's parent, legal
30 guardian or spouse.
20060S1388B2243 - 2 -
1 * * *
2 (q) Any pharmacist who violates clause (39) is guilty of a
3 summary offense.
4 Section 3. This act shall take effect in 60 days.
J25L35JS/20060S1388B2243 - 3 -