SB 572 — An Act amending Title 35 (Health and Safety) of the Pennsylvania Consolidated Statutes, in public safety, providing for opioid treatment agreements.

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633 PRINTER'STHE NO.GENERAL ASSEMBLY OF PENNSYLVANIA SENATE BILL Session of No.

862572 THE2019 GENERALINTRODUCED ASSEMBLYBY OFAUMENT, PENNSYLVANIAKILLION, SENATEFOLMER, BILLMENSCH, SessionHUTCHINSON AND MARTIN, APRIL 18, 2019 REFERRED TO HEALTH AND HUMAN SERVICES, APRIL 18, 2019 AN ACT Amending Title 35 (Health and Safety) of No.the Pennsylvania treatment agreements., in public safety, providing for opioid The General Assembly of the Commonwealth of Pennsylvania hereby enacts as follows:

572 2019 INTRODUCED BY AUMENT, KILLION, FOLMER, MENSCH, HUTCHINSON, MARTIN, BROWNE AND YAW, APRIL 18, 2019 SENATOR BROOKS, HEALTH AND HUMAN SERVICES, AS AMENDED, JUNE 4, 2019 AN ACT Amending Title 35 (Health and Safety) of the Pennsylvania Consolidated Statutes, in public safety, providing for opioid treatment agreements.

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

"Definitive drug test." A qualitative or quantitative URINE <-- DRUG test used to identify specific drugs, specific drug concentrations and associated metabolites.

"Prescriber." An individual who is licensed, registered or <-- otherwise authorized to distribute, dispense or administer a 20190SB0572PN086220190SB0572PN0633 - 2 - controlled substance or prescription drug or device in the course of professional practice or research in this Commonwealth.

AS"Presumptive <--positive DEFINEDdrug INtest." THEProcedures ACTthat OFare OCTOBERused 27,to 2014identify (P.L.2911,suspected NO.191),possible KNOWNuse ASor THEnon-use ACHIEVINGof BETTERdrugs CAREor BYa MONITORINGdrug ALLclass PRESCRIPTIONSthat PROGRAMmay (ABC-MAP)be ACT.followed by a definitive test to specifically identify drugs or metabolites.

"Presumptive"Targeted positive drug test." Procedures that are A <--test URINEordered DRUGat TESTthe THATdiscretion ISof useda toclinician, identifybased suspectedon possibleobservation use or non-use of drugsthe orclinician aand drugrelated classcircumstances that mayenhance beclinical followeddecision bymaking. a definitive test to specifically identify drugs or metabolites.

"Targeted test." A URINE DRUG test ordered at the discretion <-- of a clinician, based on observation of the clinician and related circumstances that enhance clinical decision making.

(1) Assess whether the individual has taken or is currently taking a prescription drug for treatment of a 20190SB0572PN0862 - 3 - substance use disorder.

(i) The risks of addiction and overdose associated 20190SB0572PN0633 - 3 - with the controlled substance containing an opioid.

(B) A prohibition on sharing the prescribed 20190SB0572PN0862 - 4 - medication with other individuals.

(iv) A requirement that the individual inform the prescriber about any other controlled substances 20190SB0572PN0633 - 4 - prescribed or taken by the individual.

(c) Drug URINE DRUG testing.-- <-- (1) A baseline test, periodic test or targeted test shall be used to establish a general assessment for an individual new to treatment for chronic pain and in monitoring adherence to an existing individual treatment 20190SB0572PN0862 - 5 - plan, as well as to detect the use of a nonprescribed drug.

(2) A baseline test shall be required prior to the issuance of the initial prescription for chronic pain and 20190SB0572PN0633 - 5 - shall include confirmatory or quantitative testing of presumptive positive drug test results.

(5) The department shall ensure that presumptive and <-- definitive urine drug testing methodologies are subject to reimbursement for prescribers and clinical laboratories under the Clinical Laboratories Improvement Act of 1967 (Public Law 90-174, 81 Stat.

(4) The professional judgment of the prescriber under 20190SB0572PN0862 - 6 - subsection (a)(1) and (2).

(e) Documentation of exemptionexemption.--If EXCEPTION.--If subsection (d) <-- applies, the prescriber shall document in the individual's medical record 20190SB0572PN0633 - 6 - the factor under subsection (d) that the prescriber believes applies to the individual.

A violation of this chapter by a prescriber shall be punishable by a sanction authorized by law by the licensing <-- board of the prescriber.

SUBJECT TO SANCTIONS UNDER THE <-- PRESCRIBER'S PROFESSIONAL PRACTICE ACT AND BY THE APPROPRIATE LICENSING BOARD.

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