1Amending the act of April 14, 1972 (P.L.233, No.64), entitled 
2"An act relating to the manufacture, sale and possession of 
3controlled substances, other drugs, devices and cosmetics; 
4conferring powers on the courts and the secretary and 
5Department of Health, and a newly created Pennsylvania Drug, 
6Device and Cosmetic Board; establishing schedules of 
7controlled substances; providing penalties; requiring 
8registration of persons engaged in the drug trade and for the 
9revocation or suspension of certain licenses and 
10registrations; and repealing an act," providing for records 
11of distribution of controlled substances.

12The General Assembly of the Commonwealth of Pennsylvania
13hereby enacts as follows:

14Section 1. Section 12 of the act of April 14, 1972 (P.L.233, 
15No.64), known as The Controlled Substance, Drug, Device and 
16Cosmetic Act, is amended by adding a subsection to read:

17Section 12. Records of Distribution of Controlled
18Substances.--* * *

19(d) (1) An official State prescription form shall be
20prepared and issued by the secretary in groups of 25 or 100
21forms, which forms shall be serially numbered. Prescription
22blanks shall not be transferable.

1(2) Except as expressly authorized in this section,
2controlled substances in Schedules II, III and IV shall be
3prescribed or dispensed only on an official State prescription
4form.

5(3) The secretary may make rules and regulations, consistent
6with this act, with respect to the retention or filing of such
7forms, including information required to be filed with the
8secretary, the maximum number of forms which may be issued at
9any one time, the period of time after issuance by the secretary
10that such forms shall remain valid for use, and the manner in
11which practitioners associated with institutional dispensers may
12use such forms, or any other matter of procedure or detail
13necessary to effectuate or clarify the provisions of this
14section and to secure proper and effective enforcement of the
15provisions of this article.

16(4) Every person who sells or otherwise distributes a
17controlled substance shall implement and maintain adequate
18safeguards and security measures of official State prescription
19forms in order to assure against loss, destruction, theft or
20unauthorized use of the forms as follows:

21(i) Such person shall maintain a record of the disposition
22of all forms, including, but not limited to, use as a
23prescription, cancellation, return, loss, destruction,
24unauthorized use and nonreceipt. The forms may be used only by
25the person to whom they are issued and are not transferrable.

26(ii) Such person shall immediately notify the department on
27forms supplied by the department of the loss, destruction, theft
28or unauthorized use of any official State prescription forms
29issued to them as well as the failure to receive official State
30prescription forms within a reasonable time after ordering them

1from the secretary. Upon receipt of notification, the secretary
2shall take appropriate action, including notification to the
3Office of Attorney General.

4(5) A registered pharmacist compounding, dispensing, filling
5or selling a controlled substance in Schedules II, III and IV
6shall maintain a copy of the original written prescription, or
7an electronic image, for a period of not less than five years if
8such period is not less than two years after the last refilling,
9and affix to the container in which the prescription is
10dispensed, a label bearing:

11(i) the name and complete address of the pharmacy or drug
12store in which dispensed;

13(ii) the brand name or generic name of the product
14dispensed, unless the prescriber states otherwise on the
15original written prescription;

16(iii) the date on which the prescription was compounded;

17(iv) an identifying number under which the prescription is
18recorded in his files;

19(v) the name of the physician, dentist, optometrist,
20veterinarian, other medical practitioner, certified nurse
21midwife, nurse practitioner/clinical nurse specialist or
22physician assistant, prescribing it; and

23(vi) the directions for the use of the prescription by the
24patient, as directed on the prescription of the physician,
25dentist, optometrist, veterinarian, other medical practitioner,
26certified nurse midwife, nurse practitioner/clinical nurse
27specialist or physician assistant, licensed or approved to write
28prescriptions.

29(6) Every registered pharmacist who fills or compounds a
30prescription, or who supervises the filling or compounding of a

1prescription by a person other than a pharmacist registered in
2this Commonwealth, shall place his name or initials on the
3original prescription or on the label affixed to the container
4in which the prescription is dispensed or in a book kept for the
5purpose of recording prescriptions.

6Section 2. This act shall take effect in 60 days.