Requirements for Dispensers
Act 191 of 2014 defines dispenser as
“a person licensed to dispense in this
Commonwealth, including mail order
and internet sales of pharmaceuticals.”
The term does not include any of the
following:
• Licensed health care facilities
distributing controlled substances
for the purposes of administration
in the facility.
• Correctional facilities or its contractors
if the confined person cannot lawfully
visit a prescriber outside of the facility
without being escorted by a correctional
officer.
• Authorized persons who administer
controlled substances, other drugs or
devises.
• Wholesale distributors of controlled
substances.
• Licensed providers in the LIFE program.
• Providers of hospice as defined in the
Health Care Facilities Act.
• Prescribers at licensed health care
facilities if the quantity of the controlled
substances dispensed is limited to an
amount adequate to treating patients
for a maximum of five days and does
not allow for refills.
• Veterinarians.
As of January 1, 2017, dispensers are
required to report all Schedule II-V
prescriptions to the PDMP no later than
the close of business the subsequent
business day. For example, providers and
pharmacies that dispense a controlled
substance on Monday must report to the
PDMP by close of business Tuesday. When
controlled substances are dispensed on a
Friday, providers and pharmacies must
report to the PDMP by close of business
Monday. However, providers may report
to the PDMP over the weekend and on
holidays.
Log on to the PDMP website
https://www.health.pa.gov/topics/programs/PDMP/Pages/PDMP.aspx
for tools to help your office and your patients. The Department of Health offers
training on using the PDMP, clinical resources, resources for patients and tips
for treatment referrals, and answers to frequently asked questions.
For technical support with the PDMP, call (855) 572-4767. Technical assistance
is currently available 24 hours a day, seven days a week, 365 days a year.
For policy related questions, call the PDMP office at (844) 377-7367, Monday
through Friday 9 a.m. to 5 p.m. EST or by emailing us at [email protected].
Have a patient who needs help? Consider referring patients to substance
abuse treatment centers. The Department of Drug and Alcohol Programs offers
information on its website at https://www.ddap.pa.gov/pages/default.aspx.
Authorized dispensers may query the
PDMP for a current patient to whom he or
she is dispensing or considering
dispensing any controlled substance.
Dispensers shall query the PDMP before
dispensing an opioid drug product or a
benzodiazepine prescribed to patients if
any of the following apply:
• Patients are new.
• Patients pay cash when they have
insurance.
• Patients request refills early.
• Patients are getting opioid drug
products or benzodiazepines from more
than one prescriber.
Dispensers who do not dispense any
controlled substances on a business day
must submit a zero-report to the PDMP.
The law does provide for some
exemptions, such as for providers who
maintain a DEA number but no longer
dispense and for pharmacies that dispense
less than five controlled substances a
month. For more information about the
zero-report waiver policy, log on to the
PDMP website at
Penalties
Act 191 stipulates that a prescriber who
received information from the PDMP in
accordance with the Act (sections 7, 8
and 9) shall not be help civilly liable for
not seeking or obtaining information from
the PDMP prior to prescribing a controlled
substance. However, providers are not
insulated from medical malpractice claims
simply because they access the PDMP.
Prescribers must still use sound clinical
judgment and use the PDMP as just one
of many tools when making treatment
decisions. They are still subject to the same
practice and malpractice standards as with
any other circumstance.
Providers who improperly use (knowingly
or intentionally obtaining information for
purposes other than for treatment or
dispensation of controlled substances)
or fail to check the PDMP when making a
clinical decision about prescribing controlled
substances are subject to civil and/or
criminal penalties. Failure to comply could
also result in disciplinary action by the
State Board of Dentistry.
https://www.health.pa.gov/topics/
programs/PDMP/Pages/Dispensers.aspx.
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