An Act amending the act of April 14, 1972 (P.L.233, No.64), known as The Controlled Substance, Drug, Device and Cosmetic Act, further providing for drug overdose medication.

PRIOR PRINTER'S NO. 214 PRINTER'S NO. 1331
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 269
Session of
2025
INTRODUCED BY VENKAT, FLICK, HILL-EVANS, KHAN, SANCHEZ, HADDOCK,
DONAHUE, SCHLOSSBERG, SAMUELSON, HOHENSTEIN, CIRESI, HARKINS,
WARREN, FREEMAN, KENYATTA, PROBST, HOWARD, KOSIEROWSKI,
DEASY, GREEN AND PUGH, JANUARY 22, 2025
AS AMENDED ON SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES,
APRIL 9, 2025
AN ACT
Amending the act of April 14, 1972 (P.L.233, No.64), entitled
"An act relating to the manufacture, sale and possession of
controlled substances, other drugs, devices and cosmetics;
conferring powers on the courts and the secretary and
Department of Health, and a newly created Pennsylvania Drug,
Device and Cosmetic Board; establishing schedules of
controlled substances; providing penalties; requiring
registration of persons engaged in the drug trade and for the
revocation or suspension of certain licenses and
registrations; and repealing an act," further providing for
drug overdose medication.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 13.8(a)(3) and (h) of the act of April
14, 1972 (P.L.233, No.64), known as The Controlled Substance,
Drug, Device and Cosmetic Act, are amended and the section is
amended by adding subsections to read:
Section 13.8. Drug Overdose Medication.--(a) The
department, in carrying out its duties under 28 Pa. Code Ch.
1023 (relating to personnel), shall have the following duties:
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(3) As follows:
(i) In consultation with the Department of Drug and Alcohol
Programs, develop or approve training and instructional
materials about recognizing opioid-related overdoses,
administering an opioid antagonist and promptly seeking medical
attention. The training and instruction materials shall be
provided free of charge on the Internet.
(ii) In consultation with the Department of Drug and Alcohol
Programs, develop a poster that contains the following
information:
(A) The signs of an opioid-related overdose.
(B) What to do in the event of an opioid-related overdose.
(C) Where to find an opioid antagonist.
(D) Where to find additional resources and information,
which may include a quick-response code or a link to a publicly
accessible Internet website.
(iii) Develop a pamphlet with information contained on the
poster described in subparagraph (ii).
(iv) Update existing materials with information described in
subparagraph (ii) to satisfy the requirements for the poster
described in subparagraph (ii) and the pamphlet described in
subparagraph (iii).
(v) Make the poster described in subparagraph (ii) and the
pamphlet described in subparagraph (iii) available on the
publicly accessible Internet website of the department.
(vi) Provide the poster described in subparagraph (ii) in
additional languages upon request by an entity listed under
subsection (a.1).
(vii) Make the poster described in subparagraph (ii)
available on the department's publicly accessible Internet
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website in various sizes should the entity wish to download the
poster in a size other than the size provided by the department.
(a.1) The following entities shall display the poster
described in subsection (a)(3)(ii) in a conspicuous location at
their properties , if feasible as determined by each entity in
discussion with the department:
(1) A Commonwealth agency.
(2) A metropolitan transportation authority.
(3) A municipality.
(4) A LOCAL TRANSPORTATION ORGANIZATION.
(a.2) The department shall pay for the costs associated with
printing and distributing each poster described in subsection
(a)(3)(ii).
(a.3) An entity listed under subsection (a.1) shall not be
required to display the poster described in subsection (a)(3)
(ii) if the entity already displays a poster with information
described in subsection (a)(3)(ii) and provides the department
with a notice of the use of the alternative poster.
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(h) [As used in this section, the term "opioid antagonist"
means a drug or device approved by the Federal Food, Drug, and
Cosmetic Act (52 Stat. 1040, 21 U.S.C. § 301 et seq.) for
emergency reversal of known or suspected opioid overdose,
including naloxone hydrochloride or other similarly acting drugs
approved by the United States Food and Drug Administration for
the treatment of an opioid overdose.] 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:
"Commonwealth agency." An executive agency or independent
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agency as those terms are defined in 2 Pa.C.S. § 101 (relating
to definitions).
"Conspicuous location." A location open to the public where
individuals are likely to see and read the poster described in
subsection (a)(3)(ii). The term includes a bathroom, bulletin
board, entrance, exit, hallway or lobby.
"LOCAL TRANSPORTATION ORGANIZATION." AS DEFINED IN 74
PA.C.S. § 1503 (RELATING TO DEFINITIONS).
"Metropolitan transportation authority." An authority
operating under 74 Pa.C.S. Ch. 17 (relating to metropolitan
transportation authorities).
"Municipality." A county, city, borough, incorporated town
or township.
"Opioid antagonist." A drug or device approved by the
Federal Food, Drug, and Cosmetic Act (52 Stat. 1040, 21 U.S.C. §
301 et seq.) for emergency reversal of known or suspected opioid
overdose, including naloxone hydrochloride or other similarly
acting drugs approved by the United States Food and Drug
Administration for the treatment of an opioid overdose.
"Property." A building owned by an entity listed under
subsection (a.1) that is open for public use, including a
publicly accessible facility or a communal area used by
employees of the entity. The term includes an airport, bus stop,
library, park, school or rail stop. RAIL STOP OR A UNIVERSITY
WITHIN THE STATE SYSTEM OF HIGHER EDUCATION UNDER ARTICLE XX-A
OF THE ACT OF MARCH 10, 1949 (P.L.30, NO.14), KNOWN AS THE
"PUBLIC SCHOOL CODE OF 1949."
Section 2. This act shall take effect in 60 days.
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