Pennsylvania HB 69: An Act amending the act of May 13, 2008 (P.L.139, No.14), known as the Cancer Drug Repository Program Act, further providing for title and short title of act, for definitions, for establishment, for restocking and dispensing of cancer drugs, for storage, distribution and fees and for immunity; providing for annual report, for list of approved participating pharmacies and for limitations; further providing for regulations; and imposing duties on the State Board of Pharmacy.

Bill Text

PRIOR PRINTER'S NOS. 57, 1325 PRINTER'S NO. 3487
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 69
Session of
2025
INTRODUCED BY CUTLER, VENKAT, JAMES, NEILSON, RAPP, KAUFFMAN,
CIRESI, MENTZER, GUENST, KUZMA, PICKETT, DEASY, GILLEN, KHAN,
FRANKEL AND SHAFFER, JANUARY 14, 2025
AS AMENDED ON SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES,
JUNE 2, 2026
AN ACT
Amending the act of May 13, 2008 (P.L.139, No.14), entitled "An
act establishing the Cancer Drug Repository Program for
accepting donated cancer drugs and dispensing cancer drugs;
and providing for the powers and duties of the State Board of
Pharmacy," further providing for title and short title of
act, for definitions, for establishment, for restocking and
dispensing of cancer drugs, for storage, distribution and
fees and for immunity; providing for annual report and, for
list of approved participating pharmacies AND FOR
LIMITATIONS; further providing for regulations; and imposing
duties on the State Board of Pharmacy.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The title and sections 1, 2, 3, 4, 5(a) and (b)
and 6 of the act of May 14, 2008 (P.L.139, No.14), known as the
Cancer Drug Repository Program Act, are amended to read:
SECTION 1. THE TITLE AND SECTIONS 1, 2, 3 AND 4 OF THE ACT
OF MAY 13, 2008 (P.L.139, NO.14), KNOWN AS THE CANCER DRUG
REPOSITORY PROGRAM ACT, ARE AMENDED TO READ:
AN ACT
Establishing the [Cancer] Prescription Drug Repository Program
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for accepting donated [cancer] prescription drugs and
dispensing [cancer] prescription drugs; and providing for the
powers and duties of the State Board of Pharmacy.
Section 1. Short title.
This act shall be known and may be cited as the [Cancer]
Prescription Drug Repository Program Act.
Section 2. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Adulterated." As specified under section 7 of the act of
April 14, 1972 (P.L.233, No.64), known as The Controlled
Substance, Drug, Device and Cosmetic Act.
"Approved participating pharmacy." A pharmacy approved by
the State Board of Pharmacy for the purpose of dispensing unused
[cancer] prescription drugs to participating entities and to
patients who are indigent.
"Board." The State Board of Pharmacy of the Commonwealth.
"Cancer drug." A prescription drug used to treat any of the
following:
(1) Cancer or its side effects.
(2) The side effects of a prescription drug used to
treat cancer or its side effects.
["Closed drug delivery system." A system in which the actual
control of a unit dose medication is maintained by a health care
facility, health clinic, hospital, pharmacy or physician's
office rather than an individual patient.]
"Controlled substance." As defined in section 2 of The
Controlled Substance, Drug, Device and Cosmetic Act.
"Health care facility." [A for-profit or nonprofit entity
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providing clinically related health services, including those
operated by the Commonwealth or its political subdivisions and
including a general or special hospital, including psychiatric
hospitals, rehabilitation hospitals, ambulatory surgical
facilities, long-term care nursing facilities, a hospice, a
cancer treatment center using radiation therapy on an ambulatory
basis and an inpatient drug and alcohol treatment facility.] As
defined in section 802.1 of the act of July 19, 1979 (P.L.130,
No.48), known as the Health Care Facilities Act.
"Health clinic." A for-profit or nonprofit clinic providing
health services.
"Hospital." An entity licensed as a hospital under the [act
of July 19, 1979 (P.L.130, No.48), known as the] Health Care
Facilities Act.
"INDIGENT." AN INDIVIDUAL WHO LACKS SUFFICIENT FINANCIAL
RESOURCES TO OBTAIN PRESCRIPTION MEDICATIONS, INCLUDING AN
INDIVIDUAL WHO IS UNINSURED, UNDERINSURED, ENROLLED IN A PUBLIC
ASSISTANCE HEALTH BENEFITS PROGRAM OR WHOSE HOUSEHOLD INCOME
DOES NOT EXCEED A THRESHOLD ESTABLISHED BY THE BOARD THROUGH
REGULATION.
"Manufacturer." As defined in section 2 of The Controlled
Substance, Drug, Device and Cosmetic Act.
"Misbranded." As specified under section 8 of The Controlled
Substance, Drug, Device and Cosmetic Act.
"Pharmacist." A pharmacist licensed by the Commonwealth.
"Pharmacy." A pharmacy licensed by the Commonwealth.
"PHARMACY BENEFITS MANAGER." AN ENTITY THAT PERFORMS
PHARMACY BENEFITS MANAGEMENT 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.
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"Physician's office." The office of a person licensed to
practice medicine and surgery or osteopathic medicine and
surgery.
"Prescribing