Bill Text: PA SB494 | 2009-2010 | Regular Session | Introduced

---

Bill Title: Providing for the electronic monitoring of controlled substances dispensed by a pharmacist and for the powers and duties of the Office of Attorney General; and prescribing penalties.

Spectrum: Slight Partisan Bill (Democrat 7-3)

Status: (Introduced - Dead) 2009-03-02 - Referred to PUBLIC HEALTH AND WELFARE [SB494 Detail]

Download: Pennsylvania-2009-SB494-Introduced.html

---

PRINTER'S NO. 501
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No. 494 Session of2009
INTRODUCED BY STACK, RAFFERTY, STOUT, HUGHES, KASUNIC, FONTANA, BROWNE, TARTAGLIONE AND LOGAN, MARCH 2, 2009
REFERRED TO PUBLIC HEALTH AND WELFARE, MARCH 2, 2009
AN ACT
Providing for the electronic monitoring of controlled substances
dispensed by a pharmacist and for the powers and duties of
the Office of Attorney General; and prescribing penalties.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Short title.
This act shall be known and may be cited as the Controlled
Substance Electronic Monitoring Act.
Section 2. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Controlled substance." Any Schedule II or III controlled
substance as defined under 28 Pa. Code § 25.72 (relating to
schedules of controlled substances).
"Medical practitioner." A medical practitioner as defined
under the act of September 27, 1961 (P.L.1700, No.699), known as
the Pharmacy Act.
"Office." The Office of Attorney General.
"Pharmacist." A pharmacist as defined under the act of
September 27, 1961 (P.L.1700, No.699), known as the Pharmacy
Act.
Section 3. Electronic system for monitoring controlled
substances.
The office shall establish an electronic system for
monitoring controlled substances that are dispensed within this
Commonwealth by a pharmacist or dispensed to an address within
this Commonwealth by a pharmacy licensed by the State Board of
Pharmacy. The office shall limit access to the data to a limited
number of persons deemed by the office to be essential
personnel.
Section 4. Tax.
A pharmacist shall not have to pay a fee or tax specifically
dedicated to the operation of the system established in section
3.
Section 5. Report.
(a) Reporting.--Every pharmacist within this Commonwealth
shall report to the office the data required by this section in
a timely manner as prescribed by the office, except that
reporting shall not be required for:
(1) A drug administered directly to a patient.
(2) A drug dispensed by a medical practitioner at a
facility licensed by the Department of Health if the quantity
dispensed is limited to an amount adequate to treat the
patient for a maximum of 72 hours.
(b) Data.--Data for each controlled substance that is
dispensed shall include, but not be limited to, the following:
(1) Patient identifier.
20090SB0494PN0501 - 2 -
(2) Date prescribed.
(3) Drug dispensed.
(4) Date of dispensing.
(5) Quantity dispensed.
(6) Prescriber.
(7) Dispenser.
(c) Format.--The data shall be provided in the electronic
format specified by the office unless a waiver has been granted
by the office to a pharmacist.
Section 6. Provisions of data.
The office shall be authorized to provide data to:
(1) A designated representative of a board responsible
for the licensure, regulation or discipline of practitioners,
pharmacists or other person who is authorized to prescribe,
administer or dispense controlled substances and who is
involved in a bona fide specific investigation involving a
designated person.
(2) A Federal, State or municipal officer whose duty is
to enforce the laws of this Commonwealth or the United States
relating to drugs and who is engaged in a bona fide specific
investigation involving a designated person.
(3) A State-operated Medicaid program.
(4) A properly convened grand jury pursuant to a
subpoena properly issued for the records.
(5) A medical practitioner or pharmacist who requests
information and certifies that the requested information is
for the purpose of providing medical or pharmaceutical
treatment to a bona fide current patient.
A person who receives data or any report of the system
established in section 3 from the office shall not provide it to
20090SB0494PN0501 - 3 -
any other person or entity except by order of a court of
competent jurisdiction.
Section 7. Use of data.
The office, law enforcement officers, officers of the court
and regulatory agencies and officers shall consider the nature
of the prescriber's and dispenser's practice and the condition
for which the patient is being treated in using the data for
investigative or prosecutorial purposes.
Section 8. Public record.
The data and any report obtained under this act shall not be
considered a public record under the act of February 14, 2008
(P.L.6, No.3), known as the Right-to-Know Law, and shall not be
subject to public disclosure.
Section 9. Penalties.
(a) Failure to transmit.--Any person who intentionally fails
to transmit data to the office as required under section 5
commits a misdemeanor of the third degree.
(b) Disclosure.--Any person who intentionally discloses
transmitted data to a person not authorized to receive it under
section 6 or obtains information under this act while not
conducting a bona fide specific investigation commits a felony
of the third degree.
(c) Obtaining information.--Any person who attempts to
obtain or obtains information from the system established in
section 3 through fraudulent means commits a felony of the third
degree.
Section 10. Effective date.
This act shall take effect in 60 days.
20090SB0494PN0501 - 4 -