SB 95 — An Act amending the act of September 27, 1961 (P.L.1700, No.699), known as the Pharmacy Act, further providing for definitions, for licensing of pharmacists and for unlawful acts; and providing for price disclosure.

50, 918918, 1012 PRINTER'S NO.

10121019 THE GENERAL ASSEMBLY OF PENNSYLVANIA SENATE BILL Session of No.

WARD, STEFANO, SAVAL, YAW, MASTRIANO, FARRY AND DUSH, JANUARY 22, 2025 AS AMENDEDRE-REPORTED ONFROM SECONDCOMMITTEE CONSIDERATION,ON APPROPRIATIONS, HOUSE OF REPRESENTATIVES, AS AMENDED, JUNE 25,30, 2025 AN ACT Amending the act of September 27, 1961 (P.L.1700, No.699), entitled "An act relating to the regulation of the practice of pharmacy, including the sales, use and distribution of drugs and devices at retail;

and amending, revising, consolidating and repealing certain laws relating thereto," PHARMACISTSpharmacists and for unlawful acts;

and providing for price <-- disclosure.

(25) "Dose package" means an individually sealed package that contains naloxone or another comparable treatment regimen as determined by the SecretaryDepartment DEPARTMENT of Health in a <-- standing order to be used for the reversal of aan single AN <-- opioid-related overdose event.

SECTIONSection 2.

SECTIONSection 3 OFof THEthe ACTact ISis AMENDEDamended BYby ADDINGadding Aa <--subsection SUBSECTIONto TOread: READ:

SECTIONSection 3.

LICENSINGLicensing OFof PHARMACISTS.--*Pharmacists.--* * * (L)(l) THEThe BOARDboard MAY,may, FORfor Aa PERIODperiod OFof ONEone HUNDREDhundred EIGHTYeighty DAYSdays FROMfrom THEthe EFFECTIVEeffective DATEdate OFof THISthis SUBSECTION,subsection, ISSUEissue Aa PROVISIONALprovisional LICENSElicense TOto PRACTICEpractice PHARMACYpharmacy TOto ANan APPLICANTapplicant FORfor LICENSURElicensure BYby ENDORSEMENTendorsement UNDERunder 63 PA.C.S.Pa.C.S.

§ 3111 (RELATING(relating TOto LICENSURElicensure BYby ENDORSEMENT)endorsement) WHOwho HOLDSholds Aa CURRENTcurrent LICENSElicense TOto PRACTICEpractice PHARMACYpharmacy ISSUEDissued BYby ANOTHERanother STATEstate ORor TERRITORYterritory OFof THEthe UNITEDUnited STATES,States, SUBJECTsubject TOto THEthe FOLLOWING:following:

(1) THEThe BOARDboard SHALLshall NOTnot BEbe REQUIREDrequired TOto DETERMINEdetermine WHETHERwhether THEthe LICENSURElicensure REQUIREMENTSrequirements OFof THEthe OTHERother STATEstate ORor TERRITORYterritory AREare SUBSTANTIALLYsubstantially SIMILARsimilar TOto ORor EXCEEDexceed THEthe LICENSURElicensure REQUIREMENTSrequirements OFof THISthis COMMONWEALTH.Commonwealth.

(2) THEThe APPLICANTapplicant SHALLshall NOTnot BEbe REQUIREDrequired TOto DEMONSTRATEdemonstrate COMPETENCYcompetency UNDERunder 63 PA.C.S.Pa.C.S.

§ 3111(A)(2).3111(a)(2).

(3) THEThe APPLICANTapplicant SHALLshall SATISFYsatisfy ALLall OTHERother REQUIREMENTSrequirements FORfor LICENSURElicensure BYby ENDORSEMENTendorsement UNDERunder 63 PA.C.S.Pa.C.S.

§ 3111 ANDand ALLall APPLICABLEapplicable ADMINISTRATIVEadministrative REQUIREMENTSrequirements OFof THEthe BOARDboard ATat THEthe TIMEtime OFof APPLICATION.application.

(4) THEThe HOLDERholder OFof Aa PROVISIONALprovisional LICENSElicense ISSUEDissued UNDERunder THISthis SUBSECTIONsubsection SHALLshall COMPLYcomply WITHwith ALLall APPLICABLEapplicable FEDERALFederal ANDand STATEState LAWSlaws ANDand REGULATIONSregulations GOVERNINGgoverning THEthe PRACTICEpractice OFof PHARMACY.pharmacy.

(5) A PROVISIONALprovisional LICENSElicense ISSUEDissued UNDERunder THISthis SUBSECTIONsubsection SHALLshall EXPIREexpire ONEone HUNDREDhundred EIGHTYeighty DAYSdays AFTERafter THEthe EFFECTIVEeffective DATEdate OFof THISthis SUBSECTION,subsection, UNLESSunless THEthe HOLDERholder OFof THEthe LICENSE:license:

20250SB0095PN1012(i) -fails 2to -comply (I)with FAILSthe TOterms COMPLYof WITHthe THEprovisional TERMS20250SB0095PN1019 OF- THE2 PROVISIONAL- LICENSE;license;

(II)(ii) ISis ISSUEDissued Aa LICENSElicense BYby ENDORSEMENTendorsement UNDERunder 63 PA.C.S.Pa.C.S.

ORor (III)(iii) ISis DENIEDdenied LICENSURElicensure BYby THEthe BOARD.board.

(6) A PROVISIONALprovisional LICENSElicense ISSUEDissued UNDERunder THISthis SUBSECTIONsubsection MAYmay NOTnot BEbe EXTENDEDextended ORor RENEWED.renewed.

Section 2 3.

Section 8(2) of the act is amended and the <-- section is amended by adding a clause to read:

Provided, however, That nothing herein shall be construed to prevent a duly licensed medical practitioner from dispensing, compounding or otherwise giving any drug to his own patients after diagnosis or treatment of said patient, if such compounding, preparing and dispensing is done by said licensee himself, nor shall anything herein prevent any person from selling or distributing at retail household remedies or proprietary medicines when the same are offered for sale or sold in the original packages which have been put up ready for sale to consumers, provided household remedies or proprietary medicines shall not include any controlled substances or non-proprietary drug under the act of April 14, 1972 (P.L.233, No.64), known as "The Controlled Substance, Drug, 20250SB0095PN1012 - 3 - Device and Cosmetic Act." 20250SB0095PN1019 - 3 - * * * (2.2) An EMS provider to dispensedistribute DISTRIBUTE a dose package <-- unless all of the following apply:

(i) A standing order issued by the SecretaryDepartment DEPARTMENT of <-- Health allows for the purchase of naloxone or a dose package by the public without a prescription.

(ii) The EMS provider determines that it is appropriate to dispensedistribute DISTRIBUTE a dose package to a family member, a friend <-- or another individual who is in a position to assist a patient who has experienced an opioid-related overdose event, based on the immediate circumstances surrounding the event or other conditions, including the availability and accessibility of a pharmacy.

The dispensingdistribution DISTRIBUTION of the dose package shall <-- be voluntary on the part of the EMS provider.

(A) This subclause shall not create any obligation on the part of an EMS provider to stock the dose package or dispensedistribute <-- DISTRIBUTE the dose package to the family member, friend or <-- other individual.

(B) The EMS provider shall not incur any liability for not stocking the dose package or not dispensingdistributing DISTRIBUTING the <-- dose package to the family member, friend or other individual.

(iv) The EMS provider shallprovides alsoonly signone dose package under subclause (ii) and the <--quantity of that dose package oris record.in conformity with the prescribed directions for use.

(iv)* The* EMS* provider20250SB0095PN1019 provides only one dose package under subclause (ii) and the quantity of that dose package is in 20250SB0095PN1012 - 4 - conformitySection with4. the prescribed directions for use.

* * * Section 3 4.

<-- Section 9.6.

Price Disclosure.--(a) For every prescription medication that a consumer intends to purchase, a pharmacypharmacist or an <-- authorized employe of the pharmacy PHARMACIST shall, upon <-- request, disclose the following:

(3) Information on where to apply for subsidized health <-- coverage through the Commonwealth's official health insurance exchange, using materials developed by the exchange authority, which shall be made available on the exchange authority's publicly accessible Internet website and shared with the board.

"A consumer's health care choices, including whether a particular on-exchange health insurance policy is appropriate for the consumer, should not be based solely on the information provided, but should instead be considered in connection with the consumer's other health care and financial circumstances." (b) A pharmacy shall be required to keep an electronic or paper copy of this section, including any rules and regulations <-- issued under this section, on file.

A pharmacy shall post in a conspicuous manner at all locations where prescription medications are sold a notice informing the consumer of the 20250SB0095PN1012 - 5 - right to request disclosures provided for under this section.

The board shall notifyprovide eacha pharmacycopy of this section, any changeregulations toissued under this <-- section and anythe changenotice torequired rulesunder andthis regulations20250SB0095PN1019 issued- under5 this- section.subsection in a manner of the board's choosing.

A(c) pharmacyThe shallnotice haveand thirtydisclosure daysrequired tounder updatethis thesection copyshall andbe noticepresented fromin thea datemanner thethat pharmacyis waseasy notifiedto byread theand boardaccessible. of a change.