Bill Text: PA HB2722 | 2011-2012 | Regular Session | Introduced

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Bill Title: Further providing for registration.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2012-10-17 - Referred to JUDICIARY [HB2722 Detail]

Download: Pennsylvania-2011-HB2722-Introduced.html

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PRINTER'S NO. 4299
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 2722 Session of2012
INTRODUCED BY MARKOSEK, OCTOBER 17, 2012
REFERRED TO COMMITTEE ON JUDICIARY, OCTOBER 17, 2012
AN ACT
Amending the act of April 14, 1972 (P.L.233, No.64), entitled
"An act relating to the manufacture, sale and possession of
controlled substances, other drugs, devices and cosmetics;
conferring powers on the courts and the secretary and
Department of Health, and a newly created Pennsylvania Drug,
Device and Cosmetic Board; establishing schedules of
controlled substances; providing penalties; requiring
registration of persons engaged in the drug trade and for the
revocation or suspension of certain licenses and
registrations; and repealing an act," further providing for
registration.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 6(a) and (g) of the act of April 14, 1972
(P.L.233, No.64), known as The Controlled Substance, Drug,
Device and Cosmetic Act, are amended to read:
Section 6. Registration.--(a) No person shall operate
within this Commonwealth as a manufacturer, distributor or
retailer of controlled substances, other drugs and devices nor
sell, offer for sale nor solicit the purchase of controlled
substances, other drugs and devices nor hold them for sale or
resale until such person has registered under this act with the
secretary. Such registration must be renewed annually in
accordance with rules and regulations relating thereto.
(1) Any manufacturer or distributor not operating an
establishment within this Commonwealth[, but employing sales
representatives or agents within this Commonwealth,] shall
[either] register as a manufacturer or distributor as the case
may be[, or file, in lieu of registration, with the secretary
the names and addresses of such representatives and agents, and
shall promptly inform the secretary of any changes in said
list].
(2) Separate registration with the secretary shall be
required annually for each place at which such person carries on
activities as a manufacturer, distributor or retailer within
this Commonwealth. The certificate evidencing such registration
shall be conspicuously displayed and shall not be transferable.
(3) Registrations issued by the secretary or under the law
preceding this act to manufacturers, distributors or retailers
shall continue to be valid for the period issued and, upon
expiration, shall be renewed in the manner provided for renewal
of registration issued pursuant to this section. Nothing
contained herein shall be construed to require the registration
hereunder of any practitioner registered or licensed by the
appropriate State board, nor to require the separate
registration of agents or employes of persons registered
pursuant to the provisions of this section[, or of sales
representatives or agents of manufacturers or distributors not
operating an establishment within this Commonwealth whose names
and addresses are on file with the secretary]: Provided,
however, That all persons registered pursuant to this section,
whether located within this Commonwealth or not, shall be deemed
to have accepted and shall be subject to all provisions of this
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act.
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(g) The following persons need not register and may lawfully
possess controlled substances under this act:
(1) an agent or employe of any registered manufacturer,
distributor[,] or dispenser [or any person listed in lieu of
registration] with the secretary if he is acting in the usual
course of his business or employment;
(2) a common or contract carrier or warehouseman, or an
employe thereof, whose possession of any controlled substance is
in the usual course of business or employment;
(3) an ultimate user or a person in possession of any
controlled substance pursuant to a lawful order of a
practitioner or in lawful possession of a Schedule V substance.
Section 2. This act shall take effect immediately.
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