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.

PRINTER'S NO.   424

                     THE GENERAL ASSEMBLY OF PENNSYLVANIA



                         HOUSE BILL
                         No. 446
                                               Session of
                                                 2025

     INTRODUCED BY SANCHEZ, KHAN, GUENST, GIRAL, PIELLI, HOWARD,
        DONAHUE, HADDOCK, HILL-EVANS, FREEMAN, FLEMING, CIRESI,
        CERRATO AND GREEN, FEBRUARY 3, 2025

     REFERRED TO COMMITTEE ON HEALTH, FEBRUARY 3, 2025


                                    AN ACT
 1   Amending the act of July 19, 1979 (P.L.130, No.48), entitled "An
 2      act relating to health care; prescribing the powers and
 3      duties of the Department of Health; establishing and
 4      providing the powers and duties of the State Health
 5      Coordinating Council, health systems agencies and Health Care
 6      Policy Board in the Department of Health, and State Health
 7      Facility Hearing Board in the Department of Justice;
 8      providing for certification of need of health care providers
 9      and prescribing penalties," in licensing of health care
10      facilities, providing for medication offered to patient.
11      The General Assembly of the Commonwealth of Pennsylvania
12   hereby enacts as follows:
13      Section 1.    The act of July 19, 1979 (P.L.130, No.48), known
14   as the Health Care Facilities Act, is amended by adding a
15   section to read:
16   Section 809.3.    Medication offered to patient.
17      (a)   General rule.--For a facility-provided medication
18   administered to a patient during an episode of care in a health
19   care facility, any portion of the medication billed to the
20   patient that is unused shall be offered to the patient at no
21   additional charge upon discharge when the medication may be
 1   required for continuing treatment.
 2      (b)   Facility option.--For a facility-provided medication
 3   administered to a patient during an episode of care in a health
 4   care facility, any portion of the medication that is unused that
 5   would otherwise be wasted shall be offered to the patient at no
 6   additional charge upon discharge when the medication is required
 7   for continuing treatment.
 8      (c)   Labeling.--A facility-provided medication shall be
 9   labeled consistent with labeling requirements under the act of
10   September 27, 1961 (P.L.1700, No.699), known as the "Pharmacy
11   Act."
12      (d)   Counseling waived.--If a facility-provided medication is
13   used in an operating room or emergency department setting, the
14   prescriber shall counsel the patient on the medication's proper
15   use and administration and the requirements of pharmacist
16   counseling shall be waived.
17      (e)   Definitions.--As used in this section, the following
18   words and phrases shall have the meanings given to them in this
19   subsection unless the context clearly indicates otherwise:
20      "Facility-provided medication."    A topical antibiotic, anti-
21   inflammatory, dilation or glaucoma drop or ointment or nasal
22   spray that a health care facility employee has on standby or
23   that is retrieved from a dispensing system for a specified
24   patient for use during a procedure or visit.
25      "Prescriber."   A person that is licensed, registered or
26   otherwise authorized to distribute, dispense or administer a
27   controlled substance, other drug or device in the course of
28   professional practice or research in this Commonwealth. The term
29   does not include a veterinarian.
30      Section 2.   This act shall take effect in 60 days.

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