HB 269 — An Act amending the act of April 14, 1972 (P.L.233, No.64), known as The Controlled Substance, Drug, Device and Cosmetic Act, further providing for drug overdose medication.

PRINTER'S NO.   214

                     THE GENERAL ASSEMBLY OF PENNSYLVANIA



                         HOUSE BILL
                         No. 269
                                               Session of
                                                 2025

     INTRODUCED BY VENKAT, FLICK, HILL-EVANS, KHAN, SANCHEZ, HADDOCK,
        DONAHUE, SCHLOSSBERG, SAMUELSON, HOHENSTEIN, CIRESI, HARKINS,
        WARREN, FREEMAN, KENYATTA, PROBST, HOWARD, KOSIEROWSKI, DEASY
        AND GREEN, JANUARY 22, 2025

     REFERRED TO COMMITTEE ON HUMAN SERVICES, JANUARY 22, 2025


                                    AN ACT
 1   Amending the act of April 14, 1972 (P.L.233, No.64), entitled
 2      "An act relating to the manufacture, sale and possession of
 3      controlled substances, other drugs, devices and cosmetics;
 4      conferring powers on the courts and the secretary and
 5      Department of Health, and a newly created Pennsylvania Drug,
 6      Device and Cosmetic Board; establishing schedules of
 7      controlled substances; providing penalties; requiring
 8      registration of persons engaged in the drug trade and for the
 9      revocation or suspension of certain licenses and
10      registrations; and repealing an act," further providing for
11      drug overdose medication.
12      The General Assembly of the Commonwealth of Pennsylvania
13   hereby enacts as follows:
14      Section 1.    Section 13.8(a)(3) and (h) of the act of April
15   14, 1972 (P.L.233, No.64), known as The Controlled Substance,
16   Drug, Device and Cosmetic Act, are amended and the section is
17   amended by adding subsections to read:
18      Section 13.8.    Drug Overdose Medication.--(a)     The
19   department, in carrying out its duties under 28 Pa. Code Ch.
20   1023 (relating to personnel), shall have the following duties:
21      * * *
 1      (3)    As follows:
 2      (i)    In consultation with the Department of Drug and Alcohol
 3   Programs, develop or approve training and instructional
 4   materials about recognizing opioid-related overdoses,
 5   administering an opioid antagonist and promptly seeking medical
 6   attention. The training and instruction materials shall be
 7   provided free of charge on the Internet.
 8      (ii)    In consultation with the Department of Drug and Alcohol
 9   Programs, develop a poster that contains the following
10   information:
11      (A)    The signs of an opioid-related overdose.
12      (B)    What to do in the event of an opioid-related overdose.
13      (C)    Where to find an opioid antagonist.
14      (D)    Where to find additional resources and information,
15   which may include a quick-response code or a link to a publicly
16   accessible Internet website.
17      (iii)    Develop a pamphlet with information contained on the
18   poster described in subparagraph (ii).
19      (iv)    Update existing materials with information described in
20   subparagraph (ii) to satisfy the requirements for the poster
21   described in subparagraph (ii) and the pamphlet described in
22   subparagraph (iii).
23      (v)    Make the poster described in subparagraph (ii) and the
24   pamphlet described in subparagraph (iii) available on the
25   publicly accessible Internet website of the department.
26      (vi)    Provide the poster described in subparagraph (ii) in
27   additional languages upon request by an entity listed under
28   subsection (a.1).
29      (vii)    Make the poster described in subparagraph (ii)
30   available on the department's publicly accessible Internet

20250HB0269PN0214                   - 2 -
 1   website in various sizes should the entity wish to download the
 2   poster in a size other than the size provided by the department.
 3      (a.1)     The following entities shall display the poster
 4   described in subsection (a)(3)(ii) in a conspicuous location at
 5   their properties, if feasible as determined by each entity in
 6   discussion with the department:
 7      (1)   A Commonwealth agency.
 8      (2)   A metropolitan transportation authority.
 9      (3)   A municipality.
10      (a.2)     The department shall pay for the costs associated with
11   printing and distributing each poster described in subsection
12   (a)(3)(ii).
13      (a.3)     An entity listed under subsection (a.1) shall not be
14   required to display the poster described in subsection (a)(3)
15   (ii) if the entity already displays a poster with information
16   described in subsection (a)(3)(ii) and provides the department
17   with a notice of the use of the alternative poster.
18      * * *
19      (h)   [As used in this section, the term "opioid antagonist"
20   means a drug or device approved by the Federal Food, Drug, and
21   Cosmetic Act (52 Stat. 1040, 21 U.S.C. § 301 et seq.) for
22   emergency reversal of known or suspected opioid overdose,
23   including naloxone hydrochloride or other similarly acting drugs
24   approved by the United States Food and Drug Administration for
25   the treatment of an opioid overdose.] As used in this section,
26   the following words and phrases shall have the meanings given to
27   them in this subsection unless the context clearly indicates
28   otherwise:
29      "Commonwealth agency."     An executive agency or independent
30   agency as those terms are defined in 2 Pa.C.S. § 101 (relating

20250HB0269PN0214                    - 3 -
 1   to definitions).
 2      "Conspicuous location."     A location open to the public where
 3   individuals are likely to see and read the poster described in
 4   subsection (a)(3)(ii). The term includes a bathroom, bulletin
 5   board, entrance, exit, hallway or lobby.
 6      "Metropolitan transportation authority."     An authority
 7   operating under 74 Pa.C.S. Ch. 17 (relating to metropolitan
 8   transportation authorities).
 9      "Municipality."     A county, city, borough, incorporated town
10   or township.
11      "Opioid antagonist."     A drug or device approved by the
12   Federal Food, Drug, and Cosmetic Act (52 Stat. 1040, 21 U.S.C. §
13   301 et seq.) for emergency reversal of known or suspected opioid
14   overdose, including naloxone hydrochloride or other similarly
15   acting drugs approved by the United States Food and Drug
16   Administration for the treatment of an opioid overdose.
17      "Property."     A building owned by an entity listed under
18   subsection (a.1) that is open for public use, including a
19   publicly accessible facility or a communal area used by
20   employees of the entity. The term includes an airport, bus stop,
21   library, park, school or rail stop.
22      Section 2.    This act shall take effect in 60 days.




20250HB0269PN0214                    - 4 -