SB 472 — An Act amending Title 35 (Health and Safety) of the Pennsylvania Consolidated Statutes, in prescribing opioids to minors, providing for prescribing opioids to individuals and further providing for definitions, for prohibition and for procedure.

PRIOR PRINTER'S NO.

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

1262472 THE2017 GENERALINTRODUCED ASSEMBLYBY OFYAW, PENNSYLVANIAMcGARRIGLE, SENATEBAKER, BILLALLOWAY, SessionGREENLEAF, SCAVELLO, ARGALL, YUDICHAK, BARTOLOTTA, RESCHENTHALER, LANGERHOLC, WHITE, WARD, HUTCHINSON, COSTA, KILLION, RAFFERTY, BROWNE, BREWSTER AND STEFANO, MARCH 2, 2017 REFERRED TO CONSUMER PROTECTION AND PROFESSIONAL LICENSURE, MARCH 2, 2017 AN ACT Amending Title 35 (Health and Safety) of No.the Pennsylvania Consolidated Statutes, in prescribing opioids to minors, providing for prescribing opioids to individuals and further providing for definitions, for prohibition and for procedure.

472 2017 INTRODUCED BY YAW, McGARRIGLE, BAKER, ALLOWAY, GREENLEAF, SCAVELLO, ARGALL, YUDICHAK, RESCHENTHALER, LANGERHOLC, WHITE, WARD, HUTCHINSON, COSTA, KILLION, RAFFERTY, BROWNE, BREWSTER, STEFANO, HAYWOOD AND REGAN, MARCH 2, 2017 AS AMENDED ON SECOND CONSIDERATION, OCTOBER 17, 2017 AN ACT Amending Title 35 (Health and Safety) of the Pennsylvania Consolidated Statutes, in prescribing opioids to minors, providing for prescribing opioids to individuals and further providing for definitions, for prohibition and for procedure.

The definition of "medical emergency" in section <-- 52A01 of Title 35, added November 2, 2016 (P.L.983, No.125), is amended to read:

SECTION 2.

THE DEFINITIONS OF "MEDICAL EMERGENCY" AND <-- "MINOR" IN SECTION 52A01 OF TITLE 35, ADDED NOVEMBER 2, 2016 (P.L.983, NO.125), ARE AMENDED AND THE SECTION IS AMENDED BY ADDING A DEFINITION TO READ:

* * * "HEALTH CARE FACILITY." THE TERM SHALL HAVE THE SAME MEANING <-- AS PROVIDED IN SECTION 103 OF THE ACT OF JULY 19, 1979 (P.L.130, NO.48), KNOWN AS THE HEALTH CARE FACILITIES ACT.

"MINOR." AN INDIVIDUAL UNDER 18 YEARS OF AGE.

THE TERM <-- EXCLUDES [AN INDIVIDUAL] A MINOR WHO IS [EMANCIPATED BY:

(1) MARRYING;

(2) ENTERING THE ARMED FORCES OF THE UNITED STATES;

(3) BEING EMPLOYED AND SELF-SUSTAINING;

OR (4) OTHERWISE BEING INDEPENDENT FROM THE CARE AND CONTROL OF THE INDIVIDUAL'S PARENT, GUARDIAN OR CUSTODIAN.]:

(1) MARRIED OR HAS BEEN MARRIED;

(2) PREGNANT OR HAS BEEN PREGNANT;

(3) A MEMBER OF THE ARMED FORCES OF THE UNITED STATES;

OR (4) LEGALLY EMANCIPATED.

Section SECTIONS 52A03 and 52A04 of Title 35, <-- added November 2, 2016 (P.L.983, No.125), are amended to read:

(a) Proscription.--A prescriber may not do any of the 20170SB0472PN1262 - 2 - following:

and 20170SB0472PN0475 - 2 - (ii) indicate the reason why a non-opioid alternative is not appropriate to address the acute medical condition.

(a) Requirements.--Except as set forth in subsection (b), before issuing [a minor] an individual the first prescription in 20170SB0472PN1262 - 3 - a single course of treatment for a controlled substance containing an opioid, regardless of whether the dosage is modified during that course of treatment, a prescriber shall do all of the following:

(2) Discuss with the [minor and] individual or, if the individual is a minor, with THE MINOR AND the minor's parent <-- or guardian or with an authorized adult, all of the following:

(iv) Other information in the patient counseling 20170SB0472PN0475 - 3 - information section of the labeling for controlled substances containing an opioid required under 21 C.F.R.

(3) [Obtain]Obtain IN THE CASE OF A MINOR, OBTAIN written <-- consent for the prescription from the [minor's] individual <-- or, if the individual is a minor, from the minor's parent or guardian or from an authorized adult.

The prescriber shall 20170SB0472PN1262 - 4 - record the consent on the form under section 52A02(b)(1) (relating to administration).

(E) The signature of the [minor's] individual <-- or, if the individual is a minor, the signature of the parent or guardian or of an authorized adult, and <-- the date of signing.

(ii) The form shall be maintained in the [minor's] <--20170SB0472PN0475 - 4 - individual's record with the prescriber.

(2) In the prescriber's professional judgment, complying with subsection (a) with respect to the [minor's] individual's treatment would be detrimental to the [minor's] 20170SB0472PN1262 - 5 - individual's health or safety.

(3) THE MEDICAL TREATMENT IS RENDERED WHILE THE MINOR OR <-- INDIVIDUAL REMAINS ADMITTED TO A LICENSED HEALTH CARE FACILITY OR REMAINS IN OBSERVATION STATUS IN A LICENSED HEALTH CARE FACILITY.

(4) THE PRESCRIBER IS CONTINUING A TREATMENT INITIATED BY ANOTHER MEMBER OF THE PRESCRIBER'S PRACTICE, THE PRESCRIBER WHO INITIATED THE TREATMENT FOLLOWED THE PROCEDURES OUTLINED IN SUBSECTION (A) AND THE PRESCRIBER WHO IS CONTINUING THE TREATMENT IS NOT CHANGING THE THERAPY IN ANY WAY OTHER THAN DOSAGE.

20170SB0472PN126220170SB0472PN0475 - 65 -