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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY MARKOSEK, OCTOBER 17, 2012 |
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| REFERRED TO COMMITTEE ON JUDICIARY, OCTOBER 17, 2012 |
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| AN ACT |
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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," further providing for |
11 | registration. |
12 | The General Assembly of the Commonwealth of Pennsylvania |
13 | hereby enacts as follows: |
14 | Section 1. Section 6(a) and (g) of the act of April 14, 1972 |
15 | (P.L.233, No.64), known as The Controlled Substance, Drug, |
16 | Device and Cosmetic Act, are amended to read: |
17 | Section 6. Registration.--(a) No person shall operate |
18 | within this Commonwealth as a manufacturer, distributor or |
19 | retailer of controlled substances, other drugs and devices nor |
20 | sell, offer for sale nor solicit the purchase of controlled |
21 | substances, other drugs and devices nor hold them for sale or |
22 | resale until such person has registered under this act with the |
23 | secretary. Such registration must be renewed annually in |
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1 | accordance with rules and regulations relating thereto. |
2 | (1) Any manufacturer or distributor not operating an |
3 | establishment within this Commonwealth[, but employing sales |
4 | representatives or agents within this Commonwealth,] shall |
5 | [either] register as a manufacturer or distributor as the case |
6 | may be[, or file, in lieu of registration, with the secretary |
7 | the names and addresses of such representatives and agents, and |
8 | shall promptly inform the secretary of any changes in said |
9 | list]. |
10 | (2) Separate registration with the secretary shall be |
11 | required annually for each place at which such person carries on |
12 | activities as a manufacturer, distributor or retailer within |
13 | this Commonwealth. The certificate evidencing such registration |
14 | shall be conspicuously displayed and shall not be transferable. |
15 | (3) Registrations issued by the secretary or under the law |
16 | preceding this act to manufacturers, distributors or retailers |
17 | shall continue to be valid for the period issued and, upon |
18 | expiration, shall be renewed in the manner provided for renewal |
19 | of registration issued pursuant to this section. Nothing |
20 | contained herein shall be construed to require the registration |
21 | hereunder of any practitioner registered or licensed by the |
22 | appropriate State board, nor to require the separate |
23 | registration of agents or employes of persons registered |
24 | pursuant to the provisions of this section[, or of sales |
25 | representatives or agents of manufacturers or distributors not |
26 | operating an establishment within this Commonwealth whose names |
27 | and addresses are on file with the secretary]: Provided, |
28 | however, That all persons registered pursuant to this section, |
29 | whether located within this Commonwealth or not, shall be deemed |
30 | to have accepted and shall be subject to all provisions of this |
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1 | act. |
2 | * * * |
3 | (g) The following persons need not register and may lawfully |
4 | possess controlled substances under this act: |
5 | (1) an agent or employe of any registered manufacturer, |
6 | distributor[,] or dispenser [or any person listed in lieu of |
7 | registration] with the secretary if he is acting in the usual |
8 | course of his business or employment; |
9 | (2) a common or contract carrier or warehouseman, or an |
10 | employe thereof, whose possession of any controlled substance is |
11 | in the usual course of business or employment; |
12 | (3) an ultimate user or a person in possession of any |
13 | controlled substance pursuant to a lawful order of a |
14 | practitioner or in lawful possession of a Schedule V substance. |
15 | Section 2. This act shall take effect immediately. |
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