PRINTER'S NO. 2731
No. 2068 Session of 2001
INTRODUCED BY LEDERER, CORRIGAN, MANN, McGEEHAN, YOUNGBLOOD,
BELFANTI, MELIO, KELLER, STERN, COY, HARHAI, KENNEY,
STEELMAN, PETRONE, HORSEY, BROWNE, DIVEN AND CRUZ,
OCTOBER 23, 2001
REFERRED TO COMMITTEE ON HEALTH AND HUMAN SERVICES,
OCTOBER 23, 2001
AN ACT
1 Establishing the Prescription Drug Commission in the Department
2 of Health and providing for its powers and duties; and
3 imposing 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 Prescription
8 Drug Diversion Prevention Plan 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 "Board." The governing body of the Prescription Drug
14 Commission.
15 "Commission." The Prescription Drug Commission established
16 by this act.
17 "Department." The Department of Health of the Commonwealth.
1 "Secretary." The Secretary of Health of the Commonwealth.
2 Section 3. Commission and governing body.
3 (a) Commission established.--The Prescription Drug
4 Commission is hereby established within the Department of Health
5 to develop and maintain a Prescription Drug Diversion Prevention
6 Plan.
7 (b) Board of commissioners.--The powers of the commission
8 shall be exercised by a board of commissioners. The board shall
9 consist of the following members:
10 (1) The secretary.
11 (2) The Attorney General or a designee.
12 (3) The Commissioner of Professional and Occupational
13 Affairs.
14 (4) The Director of the Bureau of Alcohol and Drug
15 Programs in the department.
16 (5) Seven members appointed by the secretary as follows:
17 (i) One representative from the Pennsylvania
18 Pharmacists Association.
19 (ii) One representative from the State Board of
20 Pharmacy.
21 (iii) One representative from the American Society
22 of Addiction Medicine.
23 (iv) One representative from the Association for
24 Impaired Professionals.
25 (v) One representative from the Pennsylvania
26 District Attorneys Association.
27 (vi) Two private citizens.
28 (6) Additional members appointed by the secretary as are
29 necessary to implement relevant programs authorized by
30 Federal or State law.
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1 (c) Term of office.--Except for the secretary, Attorney
2 General, Commissioner of Professional and Occupational Affairs
3 and Director of the Bureau of Alcohol and Drug Programs, members
4 shall serve for a four-year term and may be appointed for no
5 more than one additional consecutive term. The terms of those
6 members who serve by virtue of the public office they hold shall
7 be concurrent with their service in the office from which they
8 derive their membership.
9 (d) Vacancies.--Should any member cease to be affiliated
10 with an organization or agency he is appointed to represent or
11 cease to be a private citizen, his membership on the commission
12 shall terminate immediately and a new member shall be appointed
13 in the same manner as his predecessor to fill the unexpired
14 portion of a term. Other vacancies occurring, except those by
15 the expiration of a term, shall be filled for the balance of the
16 unexpired term in the same manner as the original appointment.
17 (e) Chairman.--The secretary shall serve as chairman of the
18 board. A vice chairman shall be designated by the chairman and
19 shall preside at meetings in the absence of the chairman.
20 (f) Quorum.--A majority of the members shall constitute a
21 quorum, and a vote of the majority of the members present shall
22 be sufficient for all actions.
23 (g) Termination of appointment.--Three consecutive unexcused
24 absences from regular meetings, except for temporary illness, or
25 failure to attend at least 50% of the regularly called meetings
26 in any calendar year shall be considered cause for termination
27 of appointment.
28 (h) Compensation and expenses.--Members who are not
29 Commonwealth officers or State, county or municipal employees
30 shall be paid $75 a day for attendance at any official meeting.
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1 Reasonable expenses incurred by members shall be allowed and
2 paid upon the presentation of itemized vouchers.
3 (i) Advisory committees.--The board may establish advisory
4 committees, in addition to those provided for in this act, as it
5 deems advisable, but only the commission may set policy or take
6 other official action. Members of advisory committees shall
7 serve without compensation but may be reimbursed for necessary
8 travel and other expenses in accordance with applicable law and
9 regulations.
10 (j) Meetings.--All meetings of the board and of its advisory
11 committees, at which formal action is taken, shall conform to 65
12 Pa.C.S. Ch. 7 (relating to open meetings).
13 (k) Records.--The board and any advisory committee
14 established for the purposes of this act shall provide for
15 public access to all records relating to its functions under
16 this act, except records that are required to be kept
17 confidential by any provision of Federal or State law.
18 Section 4. Continuing education and addiction counseling.
19 The board shall have the power and its duty relative to
20 continuing education and addiction counseling shall be to:
21 (1) Set standards and develop regulations for the
22 continuing education of pharmacists licensed by the State
23 Board of Pharmacy.
24 (2) Work with the Association for Impaired Professionals
25 to ensure intervention, treatment and ongoing monitoring.
26 (3) Develop a program to enable individual patients who
27 are identified and have become addicted to prescription
28 medication to receive addiction treatment.
29 (4) Design and promote comprehensive research-based
30 initiatives to assist communities and community-based
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1 organizations in reducing illegal use and abuse of
2 prescription drugs.
3 (5) Define, develop and coordinate programs and projects
4 and establish priorities for abuse prevention and education.
5 (6) Promulgate rules and regulations as the commission
6 deems necessary for the proper administration of this act.
7 (7) Upon request, advise and assist the executive and
8 legislative branches of State government in developing
9 policies, plans, programs and budgets for improving the
10 coordination, administration and effectiveness of continuing
11 education of pharmacists and identification, treatment and
12 prevention of prescription drug abuse.
13 (8) Prepare special reports and studies of prescription
14 drug and pharmacy issues upon the request of the Governor or
15 the General Assembly or a standing committee of the General
16 Assembly.
17 (9) Obtain data necessary from all appropriate sources.
18 (10) Request the form and content of records which must
19 be kept by persons and agencies in order to insure the
20 correct reporting of data to the board.
21 (11) Instruct persons and agencies in the installation,
22 maintenance and use of records and in the reporting of data
23 to the board.
24 (12) Process, tabulate, analyze and interpret the data
25 obtained from persons and agencies.
26 (13) Give adequate interpretation of statistics and
27 present the information that may be of value in guiding the
28 policies of the board and of those involved in the continuing
29 education of pharmacists and identification, treatment and
30 prevention of prescription drug abuse.
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1 Section 5. Computerized tracking system.
2 The board shall develop a plan for the implementation of a
3 computerized tracking system. The system, at a minimum, shall:
4 (1) Track prescriptions for controlled substances listed
5 in Schedule II, III or IV that are filled by a pharmacy
6 licensed to do business in this Commonwealth.
7 (2) Be designed to provide information regarding the
8 inappropriate use by a patient of controlled substances
9 listed in Schedules II, III and IV to pharmacies,
10 practitioners and appropriate agencies in this Commonwealth
11 to prevent the improper, potentially dangerous or illegal use
12 of controlled substances.
13 (3) Be designed to provide information regarding
14 statistical data relating to the use of controlled substances
15 that is not specific to a particular patient.
16 (4) Allow the board to access information via the
17 computerized tracking system for the purpose of identifying
18 any suspected fraudulent or illegal activity related to the
19 dispensing of controlled substances.
20 Section 6. Violation.
21 (a) Failure to transmit information.--Any licensed pharmacy
22 or pharmacist in this Commonwealth who knowingly fails to
23 transmit information regarding the dispensing of controlled
24 substances to the computerized tracking system as required by
25 the board commits a summary offense. For the purposes of this
26 act, each prescription not transmitted constitutes a separate
27 offense.
28 (b) Disclosure of transmitted information.--A person may not
29 knowingly disclose to a person not authorized under this act any
30 information obtained through the computerized tracking system
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1 regarding the dispensing of controlled substances. A violation
2 of this subsection constitutes a summary offense.
3 (c) Notification.--The court shall transmit a certified copy
4 of a conviction for a violation of this section to the State
5 Board of Pharmacy.
6 Section 7. Reporting.
7 The board shall report any activity it reasonably believes is
8 fraudulent or illegal to the appropriate law enforcement agency
9 and occupational licensing or certifying board and provide them
10 with the relevant information obtained from the computerized
11 tracking system.
12 Section 8. Legal use.
13 No system, program or policy developed by the board shall
14 infringe on the legal use of a controlled substance for
15 management of severe or intractable pain.
16 Section 9. Duty of others.
17 It shall be the duty of any entity and every other person or
18 agency dealing with the continuing education of pharmacists and
19 identification, treatment and prevention of prescription drug
20 abuse, when requested by the commission:
21 (1) To install and maintain records and recording
22 systems needed for the correct reporting of statistical data
23 required by the board.
24 (2) To report statistical data to the board at the time
25 and in the manner as the board prescribes.
26 (3) To give to the staff of the board access to
27 statistical data for the purpose of carrying out the duties
28 of the board relative to the continuing education of
29 pharmacists and identification, treatment and prevention of
30 prescription drug abuse.
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1 Section 10. Confidentiality of reports.
2 (a) General rule.--Except as otherwise provided in this act,
3 information obtained from the computerized tracking system and
4 reports made to law enforcement or professional licensing boards
5 pursuant to this act shall be confidential and may not be
6 released without the written consent of the person who is the
7 subject of the information obtained. This information may only
8 be released:
9 (1) Upon the request of the person who is the subject of
10 the information or upon the request of his attorney on the
11 subject's behalf.
12 (2) Upon the lawful order of a court of competent
13 jurisdiction.
14 (b) Construction.--This section shall not restrict judges of
15 the courts of this Commonwealth from disclosing information to
16 the Pennsylvania State Police, or any other law enforcement
17 agency, for the purpose of enforcing any provision of this act
18 or any other statute in this Commonwealth. Nothing in this act
19 shall be construed to conflict with the act of April 14, 1972
20 (P.L.221, No.63), known as the Pennsylvania Drug and Alcohol
21 Abuse Control Act.
22 Section 11. Effective date.
23 This act shall take effect in 60 days.
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