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.

PRINTER'S NO.   50

                     THE GENERAL ASSEMBLY OF PENNSYLVANIA



                        SENATE BILL
                        No. 95
                                               Session of
                                                 2025

     INTRODUCED BY PHILLIPS-HILL, BROOKS, STREET, FONTANA, COMITTA,
        ROTHMAN, ROBINSON, TARTAGLIONE, COSTA, KANE, HAYWOOD, BAKER,
        J. WARD, STEFANO AND SAVAL, JANUARY 22, 2025

     REFERRED TO VETERANS AFFAIRS AND EMERGENCY PREPAREDNESS,
        JANUARY 22, 2025


                                    AN ACT
 1   Amending the act of September 27, 1961 (P.L.1700, No.699),
 2      entitled "An act relating to the regulation of the practice
 3      of pharmacy, including the sales, use and distribution of
 4      drugs and devices at retail; and amending, revising,
 5      consolidating and repealing certain laws relating thereto,"
 6      further providing for definitions and for unlawful acts.
 7      The General Assembly of the Commonwealth of Pennsylvania
 8   hereby enacts as follows:
 9      Section 1.    Section 2 of the act of September 27, 1961
10   (P.L.1700, No.699), known as the Pharmacy Act, is amended by
11   adding clauses to read:
12      Section 2.    Definitions.--As used in this act:
13      * * *
14      (24)    "EMS provider" means "emergency medical services
15   provider" or "EMS provider" as defined in 35 Pa.C.S. § 8103
16   (relating to definitions).
17      (25)    "Dose package" means an individually sealed package
18   that contains naloxone or another comparable treatment regimen
19   as determined by the Secretary of Health in a standing order to
 1   be used for the reversal of a single opioid-related overdose
 2   event.
 3      Section 2.   Section 8(2) of the act is amended and the
 4   section is amended by adding a clause to read:
 5      Section 8.   Unlawful Acts.--It shall be unlawful for:
 6      * * *
 7      (2)   [Any] Except as provided in clause (2.2), any person not
 8   duly licensed as a pharmacist, pursuant to section 3 hereof, to
 9   engage in the practice of pharmacy, including the preparing,
10   compounding, dispensing, selling or distributing at retail to
11   any person any drug, except by a pharmacy intern or such other
12   authorized personnel under the direct and immediate personal
13   supervision of a pharmacist: Provided, however, That nothing
14   herein shall be construed to prevent a duly licensed medical
15   practitioner from dispensing, compounding or otherwise giving
16   any drug to his own patients after diagnosis or treatment of
17   said patient, if such compounding, preparing and dispensing is
18   done by said licensee himself, nor shall anything herein prevent
19   any person from selling or distributing at retail household
20   remedies or proprietary medicines when the same are offered for
21   sale or sold in the original packages which have been put up
22   ready for sale to consumers, provided household remedies or
23   proprietary medicines shall not include any controlled
24   substances or non-proprietary drug under the act of April 14,
25   1972 (P.L.233, No.64), known as "The Controlled Substance, Drug,
26   Device and Cosmetic Act."
27      * * *
28      (2.2)   An EMS provider to dispense a dose package unless all
29   of the following apply:
30      (i)   A standing order issued by the Secretary of Health

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 1   allows for the purchase of naloxone or a dose package by the
 2   public without a prescription.
 3      (ii)    The EMS provider determines that it is appropriate to
 4   dispense a dose package to a family member, a friend or another
 5   individual who is in a position to assist a patient who has
 6   experienced an opioid-related overdose event, based on the
 7   immediate circumstances surrounding the event or other
 8   conditions, including the availability and accessibility of a
 9   pharmacy. The dispensing of the dose package shall be voluntary
10   on the part of the EMS provider. The following shall apply:
11      (A)    This subclause shall not create any obligation on the
12   part of an EMS provider to stock the dose package or dispense
13   the dose package to the family member, friend or other
14   individual.
15      (B)    The EMS provider shall not incur any liability for not
16   stocking the dose package or not dispensing the dose package to
17   the family member, friend or other individual.
18      (iii)    The EMS provider enters the date and contents of the
19   dose package under subclause (ii) on the back of the dose
20   package or on another appropriate, uniformly maintained and
21   readily retrievable record. The EMS provider shall also sign the
22   dose package or record.
23      (iv)    The EMS provider provides only one dose package under
24   subclause (ii) and the quantity of that dose package is in
25   conformity with the prescribed directions for use.
26      * * *
27      Section 3.    This act shall take effect in 60 days.




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