PRINTER'S NO. 424
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.446
Session of
2025
INTRODUCED BY SANCHEZ, KHAN, GUENST, GIRAL, PIELLI, HOWARD,
DONAHUE, HADDOCK, HILL-EVANS, FREEMAN, FLEMING, CIRESI,
CERRATO AND GREEN, FEBRUARY 3, 2025
REFERRED TO COMMITTEE ON HEALTH, FEBRUARY 3, 2025
AN ACT
Amending the act of July 19, 1979 (P.L.130, No.48), entitled "An
act relating to health care; prescribing the powers and
duties of the Department of Health; establishing and
providing the powers and duties of the State Health
Coordinating Council, health systems agencies and Health Care
Policy Board in the Department of Health, and State Health
Facility Hearing Board in the Department of Justice;
providing for certification of need of health care providers
and prescribing penalties," in licensing of health care
facilities, providing for medication offered to patient.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The act of July 19, 1979 (P.L.130, No.48), known
as the Health Care Facilities Act, is amended by adding a
section to read:
Section 809.3. Medication offered to patient.
(a) General rule.--For a facility-provided medication
administered to a patient during an episode of care in a health
care facility, any portion of the medication billed to the
patient that is unused shall be offered to the patient at no
additional charge upon discharge when the medication may be
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(b) Facility option.--For a facility-provided medication
administered to a patient during an episode of care in a health
care facility, any portion of the medication that is unused that
would otherwise be wasted shall be offered to the patient at no
additional charge upon discharge when the medication is required
for continuing treatment.
(c) Labeling.--A facility-provided medication shall be
labeled consistent with labeling requirements under the act of
September 27, 1961 (P.L.1700, No.699), known as the "Pharmacy
Act."
(d) Counseling waived.--If a facility-provided medication is
used in an operating room or emergency department setting, the
prescriber shall counsel the patient on the medication's proper
use and administration and the requirements of pharmacist
counseling shall be waived.
(e) Definitions.--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:
"Facility-provided medication." A topical antibiotic, anti-
inflammatory, dilation or glaucoma drop or ointment or nasal
spray that a health care facility employee has on standby or
that is retrieved from a dispensing system for a specified
patient for use during a procedure or visit.
"Prescriber." A person that is licensed, registered or
otherwise authorized to distribute, dispense or administer a
controlled substance, other drug or device in the course of
professional practice or research in this Commonwealth. The term
does not include a veterinarian.
Section 2. This act shall take effect in 60 days.
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