An Act amending the act of September 27, 1961 (P.L.1700, No.699), known as the Pharmacy Act, further providing for definitions, for licensing of pharmacists and for unlawful acts; and providing for price disclosure.

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
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
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
20250SB0095PN1019 - 2 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
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."
20250SB0095PN1019 - 3 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
* * *
(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.
* * *
20250SB0095PN1019 - 4 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
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
20250SB0095PN1019 - 5 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
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 pharmacy that fails to comply with the requirements of
this section commits a summary offense and, upon conviction,
shall be sentenced to pay a fine of not more than five hundred
dollars ($500). This subsection shall not apply to a pharmacy 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
20250SB0095PN1019 - 6 -
<--
<--
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
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.
20250SB0095PN1019 - 7 -
<--
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19