Pennsylvania HB 2050: An Act amending the act of April 12, 1951 (P.L.90, No.21), known as the Liquor Code, in licenses and regulations and liquor, alcohol and malt and brewed beverages, further providing for unlawful acts relative to liquor, malt and brewed beverages and licensees.

Bill Text

PRINTER'S NO. 2628
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 2050
Session of
2025
INTRODUCED BY BURGOS, GUZMAN, WAXMAN, VENKAT, HILL-EVANS,
DONAHUE, McNEILL, SANCHEZ, CEPEDA-FREYTIZ AND GREEN,
NOVEMBER 19, 2025
REFERRED TO COMMITTEE ON HEALTH, NOVEMBER 19, 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 permit to conduct a pharmacy.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 4 of the act of September 27, 1961
(P.L.1700, No.699), known as the Pharmacy Act, is amended by
adding subsections to read:
Section 4. Permit to Conduct a Pharmacy.--* * *
(a.1) A pharmacy benefits manager may not acquire or hold,
directly or indirectly, a permit to operate a pharmacy for the
retail sale of drugs or medicines in this Commonwealth. On or
after the effective date of this subsection, the board shall
revoke or refuse to renew a permit held in violation of this
subsection. The following shall apply:
(1) The board may issue a limited-use permit to a pharmacy
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that would otherwise be prohibited under this subsection if the
pharmacy provides access to a rare, orphan or limited-
distribution drug that is otherwise unavailable in the market to
patients or pharmacies.
(2) Before revoking or refusing to renew a permit under this
subsection, the board may assess whether the pharmacy provides
access to a drug described under clause (1).
(3) If the board determines under clause (1) that the drug
is otherwise unavailable in the market, the board shall convert
the permit to a limited-use permit for a period of not less than
ninety days.
(4) The board shall adopt a written policy to implement the
process to conduct assessments and make determinations under
clauses (2) and (3). The policy shall include all of the
following:
(i) Procedures for patients, pharmacies or health care
providers to notify the board of an unavailable drug described
under clause (1).
(ii) Procedures for a pharmacy to request a limited-use
permit.
(iii) Deadlines for the board's determinations under clause
(3).
(iv) Emergency procedures for patient need.
(5) If a pharmacy subject to this subsection is undergoing a
pending sale to an eligible buyer and the pharmacy provides
same-day access to pharmacist services, prescriptions for
controlled substances, mental health services or other critical
patient health services, the board may extend or renew the
pharmacy's permit for a limited period.
(6) This subsection shall not apply to a pharmacy employer
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and a pharmacy that:
(i) holds a direct or indirect interest in a pharmacy
benefits manager;
(ii) has a relationship in which the pharmacy employer is
the sole client located in this Commonwealth of the pharmacy
benefits manager in which the pharmacy employer holds a direct
or indirect interest; and
(iii) provides pharmacy services exclusively to the employes
and dependents of the pharmacy employer through the affiliated
pharmacy benefits manager in this Commonwealth.
(7) As used in this subsection, the following words and
phrases shall have the meanings given to them in this clause
unless the context clearly indicates otherwise:
(i) "Permit" means a p ermit issued by the board under this
section to operate a pharmacy for the retail sale of drugs or
medicines in this Commonwealth, including an active permit, a
renewed permit or a permit subject to suspension, revocation or
nonrenewal.
(ii) "Pharmacy benefits manager" means the term as defined
in section 103 of the act of November 21, 2016 (P.L.1318,
No.169), known as the "Pharmacy Audit Integrity and Transparency
Act."
(a.2) The board shall assess each permit issued under this
section as of July 1, 2026, and provide notice to a permit
holder who the board reasonably believes will be in violation of
subsection (a.1). The board shall provide the notice via
certified mail or email at least ninety days before January 1,
2027. The following shall apply:
(1) The notice shall include all of the following:
(i) A list of pharmacy benefits managers with a direct or
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indirect interest in a permit held by the permit holder.
(ii) Contact information for the board, including a
monitored phone number and email address.
(iii) Except as provided under clause (2), a list of
Pennsylvania pharmacies with permits that the board does not
reasonably expect to be in violation of subsection (a.1) as of
January 1, 2027. The list shall include all of the following for
each pharmacy:
(A) Name.
(B) Phone numb