PRINTER'S NO. 4526
No. 2907 Session of 2004
INTRODUCED BY MANN, PISTELLA, RUBLEY, BELARDI, TANGRETTI,
FAIRCHILD, FABRIZIO, SOLOBAY, TIGUE, CAPPELLI, LAUGHLIN,
GINGRICH, CAWLEY, YUDICHAK, GEIST, STABACK, BELFANTI,
GOODMAN, SAYLOR, PETRARCA, FRANKEL, DENLINGER, HENNESSEY,
KOTIK, WALKO, MANDERINO, BEBKO-JONES, BOYD, FREEMAN, SHANER,
BASTIAN, HARPER, BROWNE, WASHINGTON, GOOD, LEACH, SCRIMENTI,
YOUNGBLOOD, DALLY, J. TAYLOR, ARMSTRONG, KELLER AND SAINATO,
OCTOBER 18, 2004
REFERRED TO COMMITTEE ON HEALTH AND HUMAN SERVICES,
OCTOBER 18, 2004
AN ACT
1 Amending the act of September 27, 1961 (P.L.1700, No.699),
2 entitled "An act relating to the regulation of the practice
3 of pharmacy, including the sales, use and distribution of
4 drugs and devices at retail; and amending, revising,
5 consolidating and repealing certain laws relating thereto,"
6 further providing for refusal to grant and revocation and
7 suspension of licenses; and providing for the donation of
8 unused prescription drugs.
9 The General Assembly of the Commonwealth of Pennsylvania
10 hereby enacts as follows:
11 Section 1. Section 5(a)(9) of the act of September 27, 1961
12 (P.L.1700, No.699), known as the Pharmacy Act, amended December
13 20, 1985 (P.L.433, No.111), is amended to read:
14 Section 5. Refusal to Grant, Revocation and Suspension.--(a)
15 The board shall have the power to refuse, revoke or suspend the
16 license of any pharmacist upon proof satisfactory to it that the
17 pharmacist:
1 * * *
2 (9) Is guilty of grossly unprofessional conduct. The
3 following acts on the part of a pharmacist are hereby declared
4 to constitute grossly unprofessional conduct of a pharmacist:
5 (i) Willfully deceiving or attempting to deceive the State
6 Board of Pharmacy or its agents with respect to any material
7 matter under investigation by the board;
8 (ii) Advertising of prices for drugs and pharmaceutical
9 services to the public which does not conform to Federal laws or
10 regulations;
11 (iii) The public assertion or implication of professional
12 superiority in the practice of pharmacy;
13 (iv) The engaging by any means in untrue, false, misleading
14 or deceptive advertising of drugs or devices;
15 (v) Paying rebates to physicians or any other persons, or
16 the entering into any agreement with a medical practitioner or
17 any other person for the payment or acceptance of compensation
18 in any form for the recommending of the professional services of
19 either party;
20 (vi) The entering into of any agreement with a licensed
21 medical practitioner for the compounding or dispensing of secret
22 formula (coded), prescriptions;
23 (vii) The misbranding or adulteration of any drug or device
24 and the sale, distribution or dispensing of any misbranded or
25 adulterated drug or device as defined in the act of April 14,
26 1972 (P.L.233, No.64), known as "The Controlled Substance, Drug,
27 Device and Cosmetic Act";
28 (viii) Engaging in the sale or purchase of drugs or devices
29 whose package bears the inscription "sample" or "not for
30 resale;"
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1 (ix) Displaying or permitting the display of his certificate
2 of licensure and biennial registration document in a pharmacy of
3 which he is not the proprietor or in which he is not employed;
4 (x) Any holder of a biennial pocket registration card who
5 fails to have the card available for inspection by an authorized
6 agent when he is practicing;
7 (xi) The acceptance back and redistribution of any unused
8 drug, or a part thereof, except as authorized under section 9.3
9 of this act, after it has left the premises of any pharmacy,
10 whether issued by mistake or otherwise, unless it is in the
11 original sealed container with the name, lot number and
12 expiration date on the original intact manufacturer's label. The
13 pharmacy shall maintain records of all such returns, and a full
14 refund shall be given to the original purchaser, including a
15 third-party payor;
16 (xii) To accept employment as a pharmacist, or share or
17 receive compensation in any form arising out of, or incidental
18 to, his professional activities from any medical practitioner or
19 any other person or corporation in which one or more medical
20 practitioners have a proprietary or beneficial interest
21 sufficient to permit them to exercise supervision or control
22 over the pharmacist in his professional responsibilities and
23 duties;
24 (xiii) To accept employment as a pharmacist, or share or
25 receive compensation in any form arising out of, or incidental
26 to, his professional activities from any person who orders said
27 pharmacist, directly or indirectly, to engage in any aspect of
28 the practice of pharmacy in contravention of any provision of
29 this act.
30 * * *
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1 Section 2. The act is amended by adding a section to read:
2 Section 9.3. Donation of Unused Prescription Drugs.--(a)
3 The Department of Health, the board and the Health Care Cost
4 Containment Council shall jointly develop and implement a pilot
5 program consistent with public health and safety through which
6 unused prescription drugs, other than drugs that are controlled
7 dangerous substances, may be transferred from nursing facilities
8 to pharmacies operated by the Commonwealth for the purpose of
9 distributing the prescription drugs to residents who are
10 medically indigent.
11 (b) The Department of Health, the board, the Health Care
12 Cost Containment Council, the State Board of Medicine and the
13 State Board of Osteopathic Medicine shall review and evaluate
14 the program no later than eighteen months after its
15 implementation and shall submit a report and any recommendations
16 to the Governor, the President pro tempore of the Senate, the
17 Speaker of the House of Representatives and the chairmen of the
18 appropriate legislative committees.
19 (c) The Department of Health, the board and the Health Care
20 Cost Containment Council shall promulgate rules and establish
21 procedures necessary to implement the program established by
22 this section. The rules and procedures shall provide:
23 (1) For a formulary for the medications to be distributed
24 pursuant to the program.
25 (2) For the protection of the privacy of the individual for
26 whom the medication was originally prescribed.
27 (3) For the integrity and safe storage and safe transfer of
28 the medication, which may include, but shall not be limited to,
29 limiting the drugs made available through the program to those
30 that were originally dispensed by unit dose or an individually
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1 sealed dose or which remain in intact packaging.
2 (4) For the tracking of and accountability for the
3 medications.
4 (5) For other matters necessary for the implementation of
5 the program.
6 (d) In accordance with the rules and procedures of a program
7 established pursuant to this section, the resident of a nursing
8 facility or the representative or guardian of a resident may
9 donate unused prescription drugs, other than prescription drugs
10 that are controlled dangerous substances, for dispensation to
11 residents who are medically indigent.
12 (e) No physician, pharmacist and other health care
13 professional shall be subject to liability for participation in
14 the program established by this section when acting within the
15 scope of practice of his license and in good faith compliance
16 with the rules promulgated pursuant to this section.
17 (f) For purposes of this section, "persons who are medically
18 indigent" means persons who have no health insurance or who
19 otherwise lack reasonable means to purchase prescribed
20 medications.
21 Section 3. This act shall take effect in 60 days.
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