HB 446 — An Act amending the act of July 19, 1979 (P.L.130, No.48), known as the Health Care Facilities Act, in licensing of health care facilities, providing for medication offered to patient.

PRIOR PRINTER'S NO.

424 PRINTER'STHE NO.GENERAL ASSEMBLY OF PENNSYLVANIA HOUSE BILL Session of No.

2021446 THE2025 GENERALINTRODUCED ASSEMBLYBY OFSANCHEZ, PENNSYLVANIAKHAN, HOUSEGUENST, BILLGIRAL, SessionPIELLI, HOWARD, CERRATO AND GREEN, FEBRUARY 3, 2025AN, FLEMING, CIRESI, REFERRED TO COMMITTEE ON HEALTH, FEBRUARY 3, 2025 AN ACT Amending the act of No.July 19, 1979 (P.L.130, No.48), entitled "An act relating to health care;

446prescribing 2025the INTRODUCEDpowers BYand SANCHEZ,duties KHAN,of GUENST, GIRAL, PIELLI, HOWARD, DONAHUE, HADDOCK, HILL-EVANS, FREEMAN, FLEMING, CIRESI, CERRATO, GREEN, VENKAT AND FRANKEL, FEBRUARY 3, 2025 AS REPORTED FROM COMMITTEE ON HEALTH, HOUSE OF REPRESENTATIVES, AS AMENDED, JUNE 25, 2025 AN ACT Amending the actDepartment of JulyHealth; 19, 1979 (P.L.130, No.48), entitled "An act relating to health care;

prescribingestablishing the powers and providing the powers and duties of the State HealthdHealth Coordinating Council, health systems agencies and Health Care Policy Board in the Department of Health, and State Health Facility Hearing Board in the Department of Justice;

providing for certification of need of health care providers and prescribing penalties," in licensing of health care facilities, providing for medication offered to patient.

(a) General rule.--For a facility-provided medication administered to a patient during an episode of care in a health <-- care HOSPITAL OR AMBULATORY SURGICAL facility, any UNUSED <-- portion of the medication billed to the patient that is unused <-- shall be offered to the patient at no additional charge upon discharge when the medication may be required for continuing treatment.

OR THAT WOULD OTHERWISE BE DISCARDED <-- AFTER PARTIAL USE DURING THE EPISODE OF CARE SHALL BE OFFERED TO THE PATIENT AT NO ADDITIONAL CHARGE UPON DISCHARGE IF:

(1) OFFERING THE MEDICATION TO THE PATIENT MEETS THE PRESCRIBER'S STANDARD OF CARE;

AND (2) THE PRESCRIBER DETERMINES THAT THE FACILITY-PROVIDED MEDICATION IS REQUIRED FOR CONTINUING TREATMENT.

(B) DUTIES WHEN DISPENSING MEDICATION.--NOTWITHSTANDING ANY OTHER PROVISION OF LAW, WHEN A FACILITY-PROVIDED MEDICATION IS DISPENSED IN ACCORDANCE WITH SUBSECTION (A), THE FOLLOWING APPLY:

(1) A FACILITY-PROVIDED MEDICATION THAT CONTAINS A LABEL WITH THE SAME INFORMATION USED DURING INSTITUTIONAL ADMINISTRATION AS REQUIRED UNDER 49 PA.

CODE § 27.18(V) 20250HB0446PN2021 - 2 - (RELATING TO STANDARDS OF PRACTICE) SHALL FULFILL THE LABELING REQUIREMENTS UNDER THE ACT OF SEPTEMBER 27, 1961 (P.L.1700, NO.699), KNOWN AS THE "PHARMACY ACT," THE ACT OF APRIL 14, 1972 (P.L.233, NO.64), KNOWN AS "THE CONTROLLED SUBSTANCE, DRUG, DEVICE AND COSMETIC ACT," OR REGULATIONS PROMULGATED BY THE STATE BOARD OF PHARMACY.

(2) A PRESCRIBER MAY FULFILL THE PHARMACIST COUNSELING REQUIREMENTS UNDER 49 PA.

CODE § 27.19(D) OR (E) (RELATING TO PROSPECTIVE DRUG REVIEW AND PATIENT COUNSELING) BY OFFERING TO COUNSEL OR BY COUNSELING A PATIENT OR CAREGIVER IN ACCORDANCE WITH THE REGULATION.

(3) A HOSPITAL OR AMBULATORY SURGICAL FACILITY SHALL INCLUDE, IN ANY DISCHARGE INSTRUCTIONS, THE FOLLOWING:

(I) WRITTEN INSTRUCTIONS FOR THE FACILITY-PROVIDED MEDICATION'S PROPER USE AND ADMINISTRATION, INCLUDING THE REMAINING NUMBER OF DOSES TO THE EXTENT QUANTIFIABLE OR CALCULABLE.

(II) A PHONE NUMBER TO CONTACT THE PRESCRIBER OR PHARMACIST.

(C) EXEMPTION FROM OUTPATIENT DISPENSING REQUIREMENTS.--A FACILITY-PROVIDED MEDICATION THAT IS OFFERED OR DISPENSED IN ACCORDANCE WITH THIS SECTION SHALL NOT BE CONSIDERED OUTPATIENT DISPENSING UNDER THE "PHARMACY ACT," "THE CONTROLLED SUBSTANCE, DRUG, DEVICE AND COSMETIC ACT" OR REGULATIONS PROMULGATED BY THE STATE BOARD OF PHARMACY.

(D) LIABILITY PROTECTION.--A PRESCRIBER, PHARMACIST, HOSPITAL OR AMBULATORY SURGICAL FACILITY ACTING IN GOOD FAITH AND IN ACCORDANCE WITH THIS SECTION SHALL NOT BE HELD CIVILLY OR ADMINISTRATIVELY LIABLE FOR ANY INJURY OR HARM RESULTING FROM A PATIENT'S MISUSE, NONADHERENCE OR FAILURE TO FOLLOW DISCHARGE 20250HB0446PN2021 - 3 - INSTRUCTIONS RELATED TO A FACILITY-PROVIDED MEDICATION, UNLESS THE INJURY OR HARM RESULTS FROM GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.

"Facility-provided medication." A topical antibiotic, anti- <-- inflammatory, dilation or glaucoma drop or ointment or nasal spray that a health care facility employee has on standby or that is retrieved from a dispensing system for a specified patient for use during a procedure or visit.

A"Prescriber." MULTI-USE DRUG <-- PRODUCT INTENDED FOR A SINGLEperson PATIENTthat THATis ISlicensed, CLINICALLYregistered APPROPRIATEor FORotherwise THEauthorized ACUTEto CONDITIONdistribute, CAUSINGdispense THEor HOSPITALadminister ORa AMBULATORYcontrolled SURGICALsubstance, FACILITYother EPISODEdrug OFor CAREdevice ANDin FORthe CONTINUEDcourse USEof POST-DISCHARGE,professional SUCHpractice ASor EYEresearch DROPS,in EARthis DROPS,Commonwealth. A TOPICAL CREAM OR AN EMERGENCY INHALER.

THE TERM DOES NOT INCLUDE A PRODUCT THAT IS USED INTRAVENOUSLY OR IS A CONTROLLED SUBSTANCE.

"Prescriber." A person that is licensed, registered or otherwise authorized to distribute, dispense or AND administer a <-- controlled substance, other drug or device in the course of professional practice or research in this Commonwealth.

20250HB0446PN202120250HB0446PN0424 - 42 -