2025 Pennsylvania Consolidated & Unconsolidated Statutes
Act 34 - PHARMACY ACT - LICENSING OF PHARMACISTS, UNLAWFUL ACTS AND PRICE DISCLOSURE

Session of 2025

No. 2025-34

 

SB 95

 

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:

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(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 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 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:

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(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)  The EMS provider determines that it is appropriate to distribute a dose package to a family member, a friend or another individual who is in a position to assist a patient who has experienced an opioid-related overdose event, based on the immediate circumstances surrounding the event or other conditions, including the availability and accessibility of a pharmacy. The distribution of the dose package shall be voluntary on the part of the EMS provider. The following shall apply:

(A)  This subclause shall not create any obligation on the part of an EMS provider to stock the dose package or distribute the dose package to the family member, friend or other individual.

(B)  The EMS provider shall not incur any liability for not stocking the dose package or not distributing the dose package to the family member, friend or other individual.

(iii)  The EMS provider enters the date and contents of the dose package under subclause (ii) on the back of the dose package or on another appropriate, uniformly maintained and readily retrievable record.

(iv)  The EMS provider provides only one dose package under subclause (ii) and the quantity of that dose package is in conformity with the prescribed directions for use.

* * *

Section 4.  The act is amended by adding a section to read:

Section 9.6.  Price Disclosure.--(a)  For every prescription medication that a consumer intends to purchase, a pharmacist shall, upon request, disclose the following:

(1)  The current pharmacy retail price of the brand-name drug and any generically equivalent drug available at the pharmacy, where applicable.

(2)  The consumer's cost-sharing amount of the brand-name drug and any generically equivalent drug available at the pharmacy, where applicable.

(3)  Information on where to apply for health coverage through the Commonwealth's official health insurance exchange, using materials developed by the exchange authority, which shall be made available on the exchange authority's publicly accessible Internet website and shared with the board.

(4)  A disclaimer, which shall be included with the information required under this section. The disclaimer shall state: "A consumer's health care choices, including whether a particular on-exchange health insurance policy is appropriate for the consumer, should not be based solely on the information provided, but should instead be considered in connection with the consumer's other health care and financial circumstances."

(b)  A pharmacy shall be required to keep an electronic or paper copy of this section, including any regulations issued under this section, on file. A pharmacy shall post in a conspicuous manner at all locations where prescription medications are sold a notice informing the consumer of the right to request disclosures provided for under this section. The board shall provide a copy of this section, any regulations issued under this section and the notice required under this subsection in a manner of the board's choosing.

(c)  The notice and disclosure required under this section shall be presented in a manner that is easy to read and accessible.

(d)  A pharmacist shall not be liable for noncompliance for failure to disclose the information in subsection (a), upon request, due to technological issues.

(e)  The board, in consultation with the exchange authority and Insurance Department, as appropriate, shall adopt regulations as necessary to carry out and enforce this section.

(f)  As used in this section, the following words and phrases shall have the meanings given to them in this subsection unless the context clearly indicates otherwise:

(1)  "Cost-sharing amount" means the amount owed by a policyholder under the terms of the policyholder's health insurance policy or as required by a pharmacy benefits manager.

(2)  "Exchange authority" means the Pennsylvania Health Insurance Exchange Authority established under 40 Pa.C.S. § 9302 (relating to Pennsylvania Health Insurance Exchange Authority).

(3)  "Generically equivalent drug" means the term as defined under section 2 of the act of November 24, 1976 (P.L.1163, No.259), referred to as the Generic Equivalent Drug Law.

(4)  "Health insurance policy" means the term as defined in 40 Pa.C.S. § 9103 (relating to definitions).

(5)  "On-exchange health insurance policy" means a health insurance policy offered for purchase through the health insurance exchange of the Commonwealth operated by the exchange authority.

(6)  "Pharmacy benefits manager" means the term as defined under section 103 of the act of November 21, 2016 (P.L.1318, No.169), known as the "Pharmacy Audit Integrity and Transparency Act."

(7)  "Pharmacy retail price" means the price that an individual without prescription drug coverage or not using any other prescription medication benefit or discount would pay at a retail pharmacy, not including a pharmacist dispensing fee.

Section 5.  This act shall take effect as follows:

(1)  The following shall take effect immediately:

The addition of section 3(l) of the act.

The addition of section 9.6(e) and (f) of the act.

This section.

(2)  The amendment of sections 2 and 8 of the act shall take effect in 60 days.

(3)  The remainder of this act shall take effect in one year.

 

APPROVED--The 7th day of July, A.D. 2025.

 

JOSH SHAPIRO