Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law.
(a) System query.--A prescriber shall query the system:
(1) for each patient the first time the patient is prescribed a controlled substance by the prescriber for purposes of establishing a baseline and a thorough medical record;
(2) if a prescriber believes or has reason to believe, using sound clinical judgment, that a patient may be abusing or diverting drugs; or
(3) each time a patient is prescribed an opioid drug product or benzodiazepine by the prescriber.
(a.1) Query not required.--
(1) Notwithstanding subsection (a), if a patient has been admitted to a licensed health care facility or is in observation status in a licensed health care facility, the prescriber does not need to query the system after an initial query as long as the patient remains admitted to the licensed health care facility or remains in observation status in a licensed health care facility.
(2) If a patient is prescribed a nonnarcotic Schedule V controlled substance, as defined in the act of April 14, 1972 (P.L. 233, No. 64), 1 known as The Controlled Substance, Drug, Device and Cosmetic Act, for the treatment of epilepsy or a seizure disorder, the prescriber does not need to query the system under subsection (a)(1).
(b) Medical record entries.--A prescriber shall indicate the information obtained from the system in the patient's medical record if:
(1) the individual is a new patient; or
(2) the prescriber determines a drug should not be prescribed or furnished to a patient based upon the information from the system.
(c) Prescriber designee.--Prescribers may designate employees for purposes of accessing the system according to standards established by the board. In assigning a designee, a prescriber shall give preference to a professional nurse licensed by the State Board of Nursing.
(d) Nonviolation.--A prescriber or dispenser who, in the exercise of sound clinical judgment, does not believe that a patient is abusing or diverting controlled substances shall not be in violation of this act for not seeking or obtaining information from the system prior to prescribing or dispensing so long as the prescriber or dispenser is otherwise in compliance.
(e) Immunity.--A prescriber or dispenser who has submitted or received information from the system in accordance with this section and section 7, 2 and has held the information in confidence as required by section 9, 3 shall not be held civilly liable or disciplined in a licensing board action for submitting the information or not seeking or obtaining information from the system prior to prescribing or dispensing a controlled substance.
Cite this article: FindLaw.com - Pennsylvania Statutes Title 35 P.S. Health and Safety § 872.8. Requirements for prescribers - last updated January 01, 2019 | https://codes.findlaw.com/pa/title-35-ps-health-and-safety/pa-st-sect-35-872-8/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.