Pennsylvania SB 95: An Act amending Title 42 (Judiciary and Judicial Procedure) of the Pennsylvania Consolidated Statutes, in particular rights and immunities, providing for immunity for constitutionally protected communications.

Bill Text

HOUSE AMENDED
PRIOR PRINTER'S NOS. 50, 918, 1012 PRINTER'S NO. 1019
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, SAVAL, YAW, MASTRIANO, FARRY AND DUSH,
JANUARY 22, 2025
AS RE-REPORTED FROM COMMITTEE ON APPROPRIATIONS, HOUSE OF
REPRESENTATIVES, AS AMENDED, JUNE 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,"
further providing for definitions, for licensing of
pharmacists and for unlawful acts; and providing for price
disclosure.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 2 of the act of September 27, 1961
(P.L.1700, No.699), known as the Pharmacy Act, is amended by
adding clauses to read:
Section 2. Definitions.--As used in this act:
* * *
(24) "EMS provider" means "emergency medical services
provider" or "EMS provider" as defined in 35 Pa.C.S. § 8103
(relating to definitions).
(25) "Dose package" means an individually sealed package
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that contains naloxone or another comparable treatment regimen
as determined by the Department of Health in a standing order to
be used for the reversal of an opioid-related overdose event.
Section 2. Section 3 of the act is amended by adding a
subsection to read:
Section 3. Licensing of Pharmacists.--* * *
(l) The board may, for a period of one hundred eighty days
from the effective date of this subsection, issue a provisional
license to practice pharmacy to an applicant for licensure by
endorsement under 63 Pa.C.S. § 3111 (relating to licensure by
endorsement) who holds a current license to practice pharmacy
issued by another state or territory of the United States,
subject to the following:
(1) The board shall not be required to determine whether the
licensure requirements of the other state or territory are
substantially similar to or exceed the licensure requirements of
this Commonwealth.
(2) The applicant shall not be required to demonstrate
competency under 63 Pa.C.S. § 3111(a)(2).
(3) The applicant shall satisfy all other requirements for
licensure by endorsement under 63 Pa.C.S. § 3111 and all
applicable administrative requirements of the board at the time
of application .
(4) The holder of a provisional license issued under this
subsection shall comply with all applicable Federal and State
laws and regulations governing the practice of pharmacy.
(5) A provisional license issued under this subsection shall
expire one hundred eighty days after the effective date of this
subsection, unless the holder of the license:
(i) fails to comply with the terms of the provisional
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license;
(ii) is issued a license by endorsement under 63 Pa.C.S. §
3111; or
(iii) is denied licensure by the board.
(6) A provisional license issued under this subsection may
not be extended or renewed.
Section 3. Section 8(2) of the act is amended and the
section is amended by adding a clause to read:
Section 8. Unlawful Acts.--It shall be unlawful for:
* * *
(2) [Any] Except as provided in clause (2.2), any person not
duly licensed as a pharmacist, pursuant to section 3 hereof, to
engage in the practice of pharmacy, including the preparing,
compounding, dispensing, selling or distributing at retail to
any person any drug, except by a pharmacy intern or such other
authorized personnel under the direct and immediate personal
supervision of a pharmacist: 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,
Device and Cosmetic Act."
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* * *
(2.2) An EMS provider to distribute a dose package unless
all of the following apply:
(i) A standing order issued by the Department of Health
allows for the purchase of naloxone or a dose package by the
public without a prescription.
(ii