SB 683 — An Act amending Title 35 (Health and Safety) of the Pennsylvania Consolidated Statutes, in public safety, providing for urine drug screening requirement and for xylazine awareness education.

HOUSE AMENDED PRIOR PRINTER'S NO.NOS.

752752, 929 PRINTER'S NO.

9291286 THE GENERAL ASSEMBLY OF PENNSYLVANIA SENATE BILL Session of No.

683 2023 INTRODUCED BY MASTRIANO, BROOKS AND BARTOLOTTA, MAY 15, 2023 SENJUNEAS 20,AMENDED 2023HEALTHON ANDSECOND HUMANCONSIDERATION, SERVICES,HOUSE ASOF AMENDED,REPRESENTATIVES, DECEMBER 12, 2023 AN ACT Amending Title 35 (Health and Safety) of the Pennsylvania Consolidated Statutes, in public safety, providing for miscellaneous provisions.

URINE DRUG SCREENING REQUIREMENT <-- AND FOR XYLAZINE AWARENESS EDUCATION.

§5903. 5901.

XYLAZINE AWARENESS EDUCATION.

<-- § 5901.

(a) General rule.--If a urine drug screening is conducted in <-- a general (A) GENERAL RULE.-- <-- (1) EXCEPT AS PROVIDED IN PARAGRAPH (2), IF A URINE DRUG SCREENING IS CONDUCTED IN AN EMERGENCY DEPARTMENT WITHIN AN acute care hospital to assist in diagnosing a patient's condition, the urine drug screening shall include testing for fentanyl ANDand XYLAZINE.xylazine.

<--(2) (b)THE Reporting.--IfXYLAZINE theTESTING urineUNDER drugPARAGRAPH screening(1) conductedSHALL inONLY accordance with subsection (a) detects fentanyl OR XYLAZINE, the <-- hospitalBE shallREQUIRED reportIF theTESTING testIS results,AVAILABLE whichAS shallPART beOF deidentified,THE toURINE theDRUG DepartmentSCREENING ofPANEL. Health through PA-NEDSS.

(c)(b) Construction.--NothingReporting.--If inthe thisurine sectiondrug shallscreening precludeconducted anin acute<-- care(B) hospitalREPORTING.-- without<-- analyzer(1) equipmentIF forTHE urinalysisURINE fromDRUG utilizingSCREENING fentanylCONDUCTED testIN stripsaccordance ORwith XYLAZINEsubsection TEST(a) STRIPSdetects infentanyl <--or accordancexylazine, with the acthospital ofEMERGENCY AprilDEPARTMENT 14,shall 1972report (P.L.233,the No.64),test knownresults, as<-- Thewhich Controlledshall Substance,be Drug,deidentified, Deviceto andthe CosmeticDepartment Act.of Health <-- through PA-NEDSS.

(c) Construction.--Nothing in this section shall preclude an acute care hospital without analyzer equipment for urinalysis from utilizing fentanyl test strips or xylazine test strips in accordance with the act of April 14, 1972 (P.L.233, No.64), known as The Controlled Substance, Drug, Device and Cosmetic Act.

DEPARTMENT AND SHALL PROVIDE INFORMATIONAL MATERIALS UNDER <-- SECTION 5903(A)(2) (RELATING TO XYLAZINE AWARENESS EDUCATION).

(2) THE DEPARTMENT SHALL DETERMINE THE MANNER OF SUBMISSION OF TEST RESULTS.

(3) REPORTING FOR FENTANYL AND XYLAZINE SHALL OCCUR WHEN RESULTS MEET A SCREENING THRESHOLD SET BY THE DEPARTMENT.

(4) THE DEPARTMENT SHALL TRANSMIT NOTICE OF THE MANNER OF SUBMISSION OF TEST RESULTS UNDER PARAGRAPH (2) AND THE SCREENING THRESHOLD UNDER PARAGRAPH (3) TO THE LEGISLATIVE 20230SB0683PN1286 - 2 - REFERENCE BUREAU FOR PUBLICATION IN THE NEXT AVAILABLE ISSUE OF THE PENNSYLVANIA BULLETIN.

(5) PRIOR TO THE TRANSMITTAL OF THE NOTICE UNDER PARAGRAPH (4), THE DEPARTMENT SHALL CONSULT WITH STAKEHOLDERS REGARDING THE MANNER OF SUBMISSION OF TEST RESULTS AND THE SCREENING THRESHOLD.

(C) APPLICABILITY.--THE REQUIREMENTS OF THIS CHAPTER SHALL NOT APPLY IF A HEALTH CARE PRACTITIONER OF THE EMERGENCY DEPARTMENT DETERMINES THAT A POSITIVE TEST RESULT FOR FENTANYL IS DUE TO A LEGALLY PRESCRIBED COURSE OF TREATMENT FOR THE PATIENT.

THE HEALTH CARE PRACTITIONER SHALL DENOTE THIS EXCEPTION IN THE PATIENT'S MEDICAL RECORD.

"Acute care hospital." A facility that provides inpatient and outpatient hospital services and is licensed by the Department of Health DEPARTMENT as a general or tertiary care <-- hospital.

"Controlled substance." A drug, substance or immediate precursor included in Schedules I through V of THE ACT OF APRIL <-- 14, 1972 (P.L.233, NO.64), KNOWN AS The Controlled Substance, Drug, Device and Cosmetic Act.

"PA-NEDSS." Pennsylvania's version of the National <-- Electronic Disease Surveillance System.

"Urine"DEPARTMENT." drugTHE screening."DEPARTMENT AOF chemicalHEALTH analysisOF intendedTHE toCOMMONWEALTH. test a patient for the presence of a controlled substance.

<-- "EMERGENCY DEPARTMENT." AN ENTITY WITHIN A HOSPITAL THAT IS ORGANIZATIONALLY DISTINCT FROM OTHER OUTPATIENT FACILITIES AND WHOSE PRIMARY FUNCTION IS TO PROVIDE EMERGENCY ACCIDENT OR EMERGENCY MEDICAL OR SURGICAL CARE.

THE TERM INCLUDES AN 20230SB0683PN1286 - 3 - OUTPATIENT EMERGENCY DEPARTMENT.

"HEALTH CARE PRACTITIONER." AS DEFINED IN SECTION 103 OF THE ACT OF JULY 19, 1979 (P.L.130, NO.48), KNOWN AS THE HEALTH CARE FACILITIES ACT.

"Urine drug screening." A chemical analysis intended to test a patient for the presence of a controlled substance OR <-- XYLAZINE.

§ 5903.

XYLAZINE AWARENESS EDUCATION.

<-- (A) POWERS AND DUTIES.--THE DEPARTMENT OF DRUG AND ALCOHOL PROGRAMS, IN CONSULTATION WITH THE DEPARTMENT OF HEALTH AND THE DEPARTMENT OF AGRICULTURE, SHALL HAVE THE POWER AND ITS DUTY SHALL BE TO:

(1) ENTER INTO PARTNERSHIPS WITH HEALTH CARE PROVIDERS, INCLUDING PHYSICIANS AND VETERINARIANS, AND COMMUNITY-BASED HEALTH CENTERS AND HOSPITALS TO EDUCATE RESIDENTS OF THIS COMMONWEALTH ON THE DANGERS OF HUMAN USE OF XYLAZINE.

(2) CREATE INFORMATIONAL MATERIALS IN ELECTRONIC AND PHYSICAL FORM, IN COORDINATION WITH THE PARTNERS DESCRIBED IN PARAGRAPH (1), WHICH MAY BE DISTRIBUTED TO OR ACCESSED BY RESIDENTS OF THIS COMMONWEALTH.

THE INFORMATIONAL MATERIALS SHALL INCLUDE:

(I) THE EFFECTS ON THE HUMAN BODY OF THE USE OF XYLAZINE.

(II) HOW TO TALK TO FAMILY AND FRIENDS ABOUT THE DANGERS OF HUMAN USE OF XYLAZINE.

(III) THE LEGITIMATE USES OF XYLAZINE FOR ANIMAL USE.

(IV) ANY OTHER INFORMATION THAT THE DEPARTMENT OF DRUG AND ALCOHOL PROGRAMS DEEMS NECESSARY TO PREPARE AND EDUCATE RESIDENTS OF THIS COMMONWEALTH ON THE DANGERS OF 20230SB0683PN1286 - 4 - HUMAN USE OF XYLAZINE.

(B) EXPIRATION.--UPON A DETERMINATION BY THE SECRETARY OF HEALTH THAT THE HUMAN USE OF XYLAZINE NO LONGER POSES A SIGNIFICANT THREAT TO THE PUBLIC HEALTH AND SAFETY OF THE COMMONWEALTH, THE SECRETARY OF HEALTH SHALL TRANSMIT NOTICE OF THE DETERMINATION TO THE LEGISLATIVE REFERENCE BUREAU FOR PUBLICATION IN THE NEXT AVAILABLE ISSUE OF THE PENNSYLVANIA BULLETIN.

THIS SECTION SHALL EXPIRE UPON PUBLICATION OF THE NOTICE UNDER THIS SUBSECTION.

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