Bill Text: PA SB557 | 2009-2010 | Regular Session | Introduced

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Bill Title: Providing for records of distribution of controlled substances.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2009-03-02 - Referred to PUBLIC HEALTH AND WELFARE [SB557 Detail]

Download: Pennsylvania-2009-SB557-Introduced.html

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PRINTER'S NO. 563
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No. 557 Session of2009
INTRODUCED BY RAFFERTY, TARTAGLIONE, ERICKSON, ORIE, KASUNIC, O'PAKE, BROWNE AND BOSCOLA, MARCH 2, 2009
REFERRED TO PUBLIC HEALTH AND WELFARE, MARCH 2, 2009
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," providing for records
of distribution of controlled substances.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 12 of the act of April 14, 1972 (P.L.233,
No.64), known as The Controlled Substance, Drug, Device and
Cosmetic Act, is amended by adding a subsection to read:
Section 12. Records of Distribution of Controlled
Substances.--* * *
(d) (1) An official State prescription form shall be
prepared and issued by the secretary in groups of 25 or 100
forms, which forms shall be serially numbered. Prescription
blanks shall not be transferable.
(2) Except as expressly authorized in this section,
controlled substances in Schedule II may be prescribed or
dispensed only on an official State prescription form.
(3) The secretary may, by regulation, require that a
particular substance in Schedule III or IV be prescribed or
dispensed on an official State prescription form.
(4) The secretary may make rules and regulations, consistent
with this act, with respect to the retention or filing of such
forms, including information required to be filed with the
secretary, the maximum number of forms which may be issued at
any one time, the period of time after issuance by the secretary
that such forms shall remain valid for use, and the manner in
which practitioners associated with institutional dispensers may
use such forms, or any other matter of procedure or detail
necessary to effectuate or clarify the provisions of this
section and to secure proper and effective enforcement of the
provisions of this article.
(5) Every person who sells or otherwise distributes a
controlled substance shall implement and maintain adequate
safeguards and security measures of official State prescription
forms in order to assure against loss, destruction, theft or
unauthorized use of the forms as follows:
(i) Such person shall maintain a record of the disposition
of all forms, including, but not limited to, use as a
prescription, cancellation, return, loss, destruction,
unauthorized use and nonreceipt. The forms may be used only by
the person to whom they are issued and are not transferrable.
(ii) Such person shall immediately notify the department on
forms supplied by the department of the loss, destruction, theft
or unauthorized use of any official State prescription forms
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issued to them as well as the failure to receive official State
prescription forms within a reasonable time after ordering them
from the secretary. Upon receipt of notification, the secretary
shall take appropriate action, including notification to the
Office of Attorney General.
(6) A registered pharmacist compounding, dispensing, filling
or selling a controlled substance in Schedule II shall place the
original written prescription in a file kept for that purpose
for a period of not less than five years if such period is not
less than two years after the last refilling, and affix to the
container in which the prescription is dispensed, a label
bearing:
(i) the name and complete address of the pharmacy or drug
store in which dispensed;
(ii) the brand name or generic name of the product
dispensed, unless the prescriber states otherwise on the
original written prescription;
(iii) the date on which the prescription was compounded;
(iv) an identifying number under which the prescription is
recorded in his files;
(v) the name of the physician, dentist, optometrist,
veterinarian, other medical practitioner, certified nurse
midwife, nurse practitioner/clinical nurse specialist or
physician assistant, prescribing it; and
(vi) the directions for the use of the prescription by the
patient, as directed on the prescription of the physician,
dentist, optometrist, veterinarian, other medical practitioner,
certified nurse midwife, nurse practitioner/clinical nurse
specialist or physician assistant, licensed or approved to write
prescriptions.
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(7) Every registered pharmacist who fills or compounds a
prescription, or who supervises the filling or compounding of a
prescription by a person other than a pharmacist registered in
this Commonwealth, shall place his name or initials on the
original prescription or on the label affixed to the container
in which the prescription is dispensed or in a book kept for the
purpose of recording prescriptions.
Section 2. This act shall take effect in 60 days.
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